Shahaji Ananta Kawade v. The State Of Maharashtra Through The Collector Osmanabad

2025:BHC-AUG:35563 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO. 13749 OF 2025 IN FAST/25612/2023 SHAHAJI ANANTA KAWADE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD WITH CIVIL APPLICATION NO. 13824 OF 2023 IN FAST/25612/2023 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEER AND ORS

VERSUS

SHAHAJI ANANTA KAWADE AND ANR WITH CIVIL APPLICATION NO. 13823 OF 2023 IN FAST/25612/2023 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEER AND ORS

VERSUS

SHAHAJI ANANTA KAWADE AND ANR ...

Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Applicants/Claimants Mr. N. R. Dayma, AGP for Respondents/State Mr. R. B. Gaikwad, Advocate for Respondent No.3/Acquiring Body ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.12.2025 PER COURT :-

( 2 ) CIVIL APPLICATION NO. 13749 OF 2025 .

Applicant seeks to withdraw amount of Rs.2,55,924/- deposited by the respondent-acquiring body and for that purpose, reliance is placed on order dated 25.08.2025 passed in Civil Application No.9194 of 2025 in First Appeal No.1619 of 2024 with connected matters. 2.

For the reasons stated in the application, it is desirable to permit the applicants to receive the amount.

3.

Civil Application is allowed permitting the applicants to receive the deposited amount with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. CIVIL APPLICATION NO. 13823 OF 2023 4.

The acquiring body seeks to condone the delay of 300 days. The condonation of delay has repercussions on the public exchequer. There are no malafides on the part of the applicant-acquiring body. 5.

The delay stands condoned.

FIRST APPEAL STAMP NO.25612 OF 2023 6.

Admit. Ms. L. R. Thakur h/f. Mr. L. C. Patil, learned counsel waives service of notice for respondent nos.1 and 2. 7.

Call for Record and Proceeding. Print is dispensed with.

( 3 ) CIVIL APPLICATION NO. 13824 OF 2023 8.

As the entire amount of compensation is deposited by the acquiring body, ad interim stay granted earlier shall stand confirmed. 9.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J. ) PRW