Harishchandra Rama Koli And ORS v. The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr Gmidc, Aurangabad

2025:BHC-AUG:6088 926-ca-2407-2025(withdrawal and appeal)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2407 OF 2025 IN FAST/13494/2023 Bhaskar Sambha Khandekar And Anr

VERSUS

The Executive Engineer And Ors WITH CIVIL APPLICATION NO. 2408 OF 2025 IN FAST/13491/2023 Harishchandra Rama Koli And Ors

VERSUS

The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr Gmidc, Aurangabad ...

Mr. M. S. Patil, Advocate for Applicants Mr. R. B. Deshpande, Advocate for Respondent No.1 .....

CORAM : ROHIT W. JOSHI, J.

Dated : 28TH FEBRUARY, 2025 PER COURT :- CIVIL APPLICATION NO. 2407 OF 2025 CIVIL APPLICATION NO. 2408 OF 2025 .

The appellant has deposited entire amount of compensation as awarded under the impugned judgment and award in compliance of order granting ad-interim-stay to the execution of the said judgment and award.

2.

Land owners, who were respondents in the appeal have moved present application seeking permission to withdraw the deposited amount.

926-ca-2407-2025(withdrawal and appeal) 3.

It is informed by both the learned Advocates that in similar matters, 75% of the amount deposited alongwith accrued interest is permitted to be withdrawn, 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security.

4.

In view of the above, present Civil Application is also disposed of, permitting the respondent/land owners to withdraw 75% of the amount deposited alongwith accrued interest, 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security.

FAST/13494/2023 FAST/13491/2023 1.

Heard.

2.

Admit.

3.

Call Record and Proceeding.

4.

Issue notice to respondents. Learned AGP waives service of notice for respondent/s-State. Learned Advocate appearing for respondent waives service of notice for respondent Nos.3 to 6.

( ROHIT W. JOSHI, J ) Rushikesh/2025