Magansing S/O Dhondiram Gusinge And ORS v. The Executive Engineer, Minor Irrigation Division And ORS

2025:BHC-AUG:17106 1 941-CA.13529-24 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 13529 OF 2024 IN FAST/14552/2024 MAGANSING S/O DHONDIRAM GUSINGE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION AND ORS ...

Advocate for Applicants : Mr. Humbe Vilas Mohanrao. AGP for Respondent/s-State : Mr. B. A. Shinde. Advocate for Respondent No.1 : Mr. Suresh W. Munde. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 03.07.2025 PER COURT :- 1.

Learned counsel for the applicants is praying for withdrawal of Rs.43,60,324/- deposited by the respondent/ acquiring body. He tenders on record order dated 30.04.2025 passed by Co-ordinate Bench in First Appeal No.845 of 2025 permitting the claimants to receive 50% of the deposited amount on furnishing undertaking and additional 25% on furnishing solvent surety/security.

2.

I have considered the order dated 30.04.2025. On the ground of parity applicants are entitled to receive the amount. I have no reason to take any different view. I proposed to

2 941-CA.13529-24 & ors.odt follow the same course as it is done by the Co-ordinate Bench. Hence, the following order is passed :

O R D E R

(i) Application is partly allowed.

(ii) The applicants are permitted to withdraw 50% of compensation amount deposited by respondent/ acquiring body along with accrued interest on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

(iii) Additional 25% amount is allowed to be withdrawn along with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(iv) Remaining amount be kept in fixed deposit in any nationalized bank till further orders.

(v) Civil Application stands disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-