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Bombay High CourtCAF/2244/2018admittedallwdgrantedrule absolute

The Executive Engineer, Minor Irrigation Division (Minor Irrigation Works), Nagpur v. Kamala Wd/O Ramesh Mankar (Dead) Through Lrs. Narendra Ramesh Mankar And Others

2018-09-05Hon'Ble Shri Justice V.M. Deshpande2 pages

fa554.18 22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR FA NO.554/2018 The Exe. Engr. Minor Irrigation Division (Minor Irrigation Works), Vainganga Nagar, Ajni, Nagpur ..vs..

Kamala wd/o Ramesh Mankar (deleted) Narendra Ramesh Mankar and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri P.B. Patil, Counsel for the appellant.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 5, 8.

1.

Heard learned counsel Shri P.B. Patil for the appellant.

2.

ADMIT.

3.

Learned counsel Shri R.S. Nagpure waives service for respondent Nos.1a to 1d and learned Assistant Government Pleader Shri Amit Balpande waives service for respondent Nos.2. CAF No.2244/2018 1.

Heard learned counsel Shri R.S. Nagpure for respondent Nos.1a to 1d who have filed the present application for withdrawal of the amount, learned counsel Shri P.B. Patil for the appellant, and learned Assistant Government Pleader Shri Amit Balpande for respondent Nos.2.

2.

In pursuance to order passed by this Court, the appellant has deposited Rs.8,20,212/-.

.....2/-

fa554.18 22 3.

The land is compulsorily acquired for the Government Project.

4.

After hearing learned counsel for the parties, I pass following order:

ORDER

i) The civil application is allowed.

ii) Respondent Nos.1a to 1d will be entitled to withdraw the amount deposited before this Court along with interest accrued thereon by observing that 50% amount shall be withdrawn by the claimants by furnishing solvent surety/security to the satisfaction of the Registrar (J.) of this Court and remaining 50% shall be withdrawn by giving an an usual undertaking before this Court.

iii) With this, the civil application is disposed of accordingly. JUDGE !! BRW !!

...../-