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Bombay High CourtCA/841/2025admittedallowedgrantedrule absolute

Ashok Kalyanrao Deshmukh And Others v. The Executive Engineer, Irrigation Div., Beed And ANR

2025-01-20Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:1629 1 14 to 16 ca 841-25+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 841 OF 2025 IN FA/2950/2022 ASHOK KALYANRAO DESHMUKH AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION DIV., BEED AND ANR ...

Mr. Nilkanth Pandurang Bangar, Advocate for Applicants Mr. D. J. Patil, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent No.1 ...

AND 15 CIVIL APPLICATION NO. 850 OF 2025 IN FA/2951/2022 PRATAP SUNDARAO DESHMUKH

VERSUS

THE EX. ENGINEER, IRRIGATION DIV. BEED AND ANR ...

Mr. Nilkanth Pandurang Bangar, Advocate for Applicants Mr. R. D. Raut, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent No.1 ....

AND 16 CIVIL APPLICATION NO. 852 OF 2025 IN FA/3026/2022 BHAGWAN BHIMAJI SURNAR AND ANR

VERSUS

THE EX. ENGINEER, IRRIGATION DIV. BEED AND ANR ...

Mr. Nilkanth Pandurang Bangar, Advocate for Applicants Mr. D. J. Patil, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent No.1 ....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 20/01/2025.

2 14 to 16 ca 841-25+ P. C. :

1.

These are the applications for withdrawal of amount deposited by the respondent - acquiring body in pursuance of the award passed by the reference court.

2.

Heard. Perused the application.

3.

The learned counsel for the respondent No.1 strongly opposed the applications.

4.

Considering the peculiar set of facts and arguments of both sides, it would be proper to allow the applications partly. 5.

Registry is directed to pay 50% amount alongwith accrued interest as per the award to the claimants / applicants on their usual undertaking.

6.

It is clarified that it is not that 50% out of the deposited amount, but 50% of the award amount.

7.

Applications are disposed of accordingly.

( SANJAY A. DESHMUKH, J. ) VS Maind/-