Nandabai Trimbak Nihal And ORS v. The Ex. Engineer, Minor Irrigation Division, Jalna And ORS.

2025:BHC-AUG:36879

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

935 CIVIL APPLICATION NO.13726 OF 2025 IN FIRST APPEAL NO.122 OF 2020 Nandabai Trimbak Nihal ... Applicant

Versus

The Ex. Engineer, Irrigation Project Division, Jalna And Ors.

... Respondents .....

Shri. Ramchandra J. Nirmal, Advocate for the Applicant Shri. S. B. Patil, Advocate for Respondent No.1 Shri. A. D. Wange, AGP for the Respondent - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

DECEMBER 18, 2025 PER COURT :- .

This is the Application for withdrawal of remaining amount deposited by the Acquiring Body under the Award. 2.

There is no dispute that, by order dated 17.06.2021 the Applicant was permitted to withdraw Rs.4,50,000/- out of the amount Rs.8,77,104/- deposited by the Acquiring Body under the Award. 3.

Now, on the basis of the order dated 12.12.2025 passed in Civil Application No.13725 of 2025 in First Appeal No.2213 of 2019 arising out of the same acquisition proceedings, the Applicant is seeking withdrawal of the remaining amount.

4.

The learned Advocate for the Acquiring Body though opposed the

Application, does not dispute that this Court by aforesaid order has permitted the similarly situated Claimants to withdraw remaining amount.

5.

Perused the said order dated 12.12.2025. Since the Applicant in the present Application and the Applicants in Civil Application No.13725 of 2025 are similarly situated and the matters arise out of the same acquisition proceedings, the Application is allowed in terms of the said order.

6.

The Applicant is permitted to withdraw the remaining amount of the amount deposited by the Acquiring Body under the Award, subject to furnishing regular undertaking for 90% of the amount along with interest accrued thereon to the satisfaction of the learned Registrar (Judicial) of this Court, and subject to furnishing Solvent Security / Surety for 10% of the amount along with interest accrued thereon. 7.

Civil Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 22/12/2025 18:50:30