Gitabai Wo Girjaba Pandav v. The Executive Engineer, Minor Irrigation Division No1, Aurangabad

34-CA.13207-25+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 13207 OF 2025 IN FA/552/2025 GITABAI WO GIRJABA PANDAV

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO1, AURANGABAD WITH CIVIL APPLICATION NO. 4174 OF 2024 IN FA/552/2025 ...

Advocate for Applicant/Claimant : Mr. Bide Dnyaneshwar A. AGP for Respondent/State : Mr. S. V. Hange.

Advocate for Respondent No.1 : Mr. B. R. Surwase. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 04.12.2025 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.13,99,100/- deposited by the acquiring body relying on the orders passed by this Court on 13.11.2025 and 25.11.2025. This Court has taken consistent view in respect of matters arising out of self same acquisition proceedings in permitting claimants to receive the amount on certain conditions. I propose to follow the same course.

34-CA.13207-25+1.odt 3.

Civil application for withdrawal is partly allowed permitting the applicant to receive 60% of the amount with accrued interest on furnishing undertaking and balance 40% of the amount with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

Civil Application for Stay 4.

As the entire amount is deposited, ad-interim relief granted earlier shall stand confirm. Civil application for stay is disposed of.

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

vmk/-