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Bombay High CourtCA/670/2025admittedallowedgrantedrule absolute

Shivaji Suryabhan @ Suryakant Gavane And ORS v. The Executive Engineer, Minor Irrigation Division, Office Osmanabad And ORS

2025-02-07Hon'Ble Shri Justice R. M. Joshi4 pages

- 1 - 942 CIVIL APPLICATION NO. 668 OF 2025 IN FA/4541/2023 WITH CIVIL APPLICATION NO. 669 OF 2025 IN FA/4540/2023 WITH CIVIL APPLICATION NO. 670 OF 2025 IN FA/4539/2023 WITH CIVIL APPLICATION NO. 671 OF 2025 IN FA/4538/2023 ....Applicants Minor Irrigation Division, Office Osmanabad .....Respondents .....

Mr. G. J. Kore, Advocate for the Applicants.

Mrs. M. N. Ghanekar, APP for the State.

Mr. B. R. Surwase, Advocate for Respondent No. 1. This is an application for withdrawal of amount deposited by acquiring body.

2.

Learned counsel for the applicant has relied upon order dated 03.07.2024 passed by coordinate bench of this Court in Civil Application No. 15452/2023. He seeks similar order.

- 2 - 3.

Learned counsel for Respondents record no objection for the same. Hence, the following order :-

ORDER

a) The application is allowed and disposed of.

b) Applicants are permitted to withdraw 50% of the amount deposited in this Court on furnishing usual undertaking.

c) Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

d) The balance amount be kept in fixed deposit in any nationalised bank to be renewed pariodically.

- 3 - 942 CIVIL APPLICATION NO. 7210 OF 2022 IN FA/4541/2023 WITH CIVIL APPLICATION NO. 7208 OF 2022 IN FA/4540/2023 WITH CIVIL APPLICATION NO. 7212 OF 2022 IN FA/4539/2023 WITH CIVIL APPLICATION NO. 7206 OF 2022 IN FA/4538/2023 Minor Irrigation Division, Osmanabad ....Applicants ....Respondents Mr. B. R. Surwase, Advocate for applicants.

Mrs. M.N. Ghanekar, AGP for the State.

Mr. G. J. Kore, Advocate for Respondent Nos. 1, 2A to 2F. Amount is deposited and the same is allowed to be withdrawn by separate order.

2.

Hence, application is allowed in terms of prayer clause 'B'.

- 4 - 942 FIRST APPEAL NO. 4541/2023 WITH FIRST APPEAL NO. 4540/2023 WITH FIRST APPEAL NO. 4539/2023 WITH FIRST APPEAL NO. 4538/2023 Minor Irrigation Division, Osmanabad ....Appellants ....Respondents .....

Mr. B. R. Surwase, Advocate for appellants.

Mrs. M.N. Ghanekar, AGP for the State.

Mr. G. J. Kore, Advocate for Respondent Nos. 1, 2A to 2F. Call R & P.