Udhav Krishna Gaikwad. v. The State Of Maharashtra Thr Collector Osmanabad And ORS.

2025:BHC-AUG:33633 ( 1 ) 21 CA 13210 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 CIVIL APPLICATION NO. 13210 OF 2025 IN FA/851/2025 UDHAV KRISHNA GAIKWAD.

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS. ...

Mr. P. B. Rakhunde, Advocate for Applicant Mr. S. V. Hange, AGP for Respondents-State Ms. Sunita D. Shelke, Advocate for Respondent No.3 WITH CIVIL APPLICATION NO. 11012 OF 2024 IN FA/851/2025 THE EXECUTIVE ENGINEER, PATHBANDARE MAJBUTIKARAN DIVISION, OMERGA AND ORS

VERSUS

UDHAV KRISHNA GAIKWAD ...

Ms. Sunita D. Shelke, Advocate for Applicant No.1 Mr. P. B. Rakhunde, Advocate for Respondent ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- CIVIL APPLICATION NO. 13210 OF 2025 .

Heard.

2.

The respondent - acquiring body has deposited Rs.5,65,344/- in

( 2 ) 21 CA 13210 OF 2025 pursuance of order passed by this Court. Applicant is seeking withdrawal of the same. The acquiring body has deposited only deposited 75% of the amount of compensation because the enhancement is more than ten times. The acquiring body has withheld 25% amount which is rightly so. It is desirable to disburse the amount deposited with accrued interest on furnishing undertaking.

3.

Civil Application is allowed partly permitting the applicant to receive the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. FIRST APPEAL .

Admit. Mr. P. B. Rakhunde, learned counsel waives service of notice for the respondent.

2.

Call for Record and Proceeding. Print is dispensed with. CIVIL APPLICATION NO. 11012 OF 2024 .

As the acquiring body has deposited the amount in this Court, stay granted earlier shall stand confirmed.

2.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J. ) PRW