Executive Engineer (V.I.D.C.) Minor Irrigation Division, Washim v. Madhukar S/O Kisan Bhagat And Another

16 CAF-1268-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1268 OF 2023 I N FIRST APPEAL NO.1031 OF 2017 [Executive Engineer ..V/s.. Madhukar Kisan Bhagat and Anr.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms U. A. Patil, Advocate for Applicant/Appellant. Mr A. Darekar, Advocate for Respondent No.1.

Ms T. H. Udeshi, AGP for Respondent No.2.

CORAM : URMILA JOSHI-PHALKE , J.

DATE : 28 th APRIL, 3 .

.

Present application is for seeking withdrawal of the compensation amount. The respondent No.1 has already withdrawn 50% of the amount. Now, this application is filed on the ground that the respondent is not having any source of income and he is in dire need of the compensation amount to meet his day-to-day expenses.

2.

The said application is strongly opposed by Ms Patil, learned Advocate for Appellant on the ground that the respondent No.1 has already withdrawn 50% of the compensation amount.

3.

Considering the reasons mentioned in the application and objection raised and in view of the fact that in connected matters, the claimants have also permitted to withdraw additional 25% of the amount.

4.

In view of above, the application is allowed and the respondent No.1 is permitted to withdraw 25% of the amount alongwith accrued interest on usual undertaking on due TAMBE

16 CAF-1268-2023 identification and verification.

5.

The civil application is disposed of.

FIRST APPEAL NO.1031 OF 2017 6.

Appeal be placed before the Court for final disposal, as paper-book is already placed on record, after vacation. JUDGE.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE