The Executive Engineer Minor Irrigation Division No.1 Aurangabad v. Mahadu S/O Trimbak Bankar

2024:BHC-AUG:30778 902 CA 14792-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 12766 OF 2024 IN FIRST APPEAL NO. 3035 OF 2024 WITH CIVIL APPLICATION NO. 14792 OF 2023 IN FA/3035/2024 MAHADU S/O TRIMBAK BANKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Suhas R. Shirsath - Advocate for Applicants Ms. D.S. Jape - AGP for Respondent Nos.1 and 2, State Mr. G.S. Khaire h/f. Mr. S.S. Dande - Advocate for Respondent No.3 ....

CORAM : KISHORE C. SANT, J.

DATE : 18th DECEMBER, 2024 PER COURT :

CIVIL APPLICATION NO. 12766 OF 2024 1.

Heard the parties.

2.

This application is filed for withdrawal of amount deposited in this Court by the appellant/acquiring body. The learned S.L.A.O. has granted rate of Rs.1175/- per Are which is enhanced to Rs.2625/- by the learned Reference Court. The enhancement is thus under two times. In view of the same following order :

ORDER

(a) The application is allowed.

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902 CA 14792-2023 (b) The applicants are permitted to withdra 75% of the amount deposited in this Court alongwith accrued interest on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court. Remaining amount be kept in fixed deposit till final disposal of the appeal.

(c) The civil application is disposed of accordingly. CIVIL APPLICATION NO. 14792 OF 2023 3.

This application is filed for stay to the impugned judgment and award, since the amount is already deposited in this Court. There shall be stay to the impugned judgment and award. 4.

With this the application stands disposed of. FIRST APPEAL NO. 3035 OF 2024 5.

Admit.

6.

Call for record and proceeding.

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