Vidarbha Patbandhare Vikas Mahamandal Through Exective Engineer, Wan Project Division, Shegaon v. Arjun S/O Manikrao Sabe And Others

1 / 3 17.caf2747.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2747 OF 2024 IN FIRST APPEAL (ST) NO. 10258 OF 2024 VIDC, Executive Engineer, Buldhana Vs.

Arjun S/o Manikrao Sabe and ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Vinay Rathi, Advocate h/f Mr. P.B. Patil, Advocate for applicant.

Mr. A.S. Deshpande, Advocate for respondent Nos.1 & 2. Mr. K.R. Lule, AGP for respondent Nos.3 & 4/State. CORAM : ROHIT W. JOSHI, J.

DATE : 17.02.2025.

There is a delay of 44 days in filing the first appeal. The delay is attributed to procedural formalities. Having regard to the reasons mentioned, the delay is condoned.

2.

The civil application is disposed of.

Civil Application (CAF) No.2749/2024 Since the appellant has deposited the amount in terms of order dated 11.10.2024, the interim order is confirmed.

2 / 3 17.caf2747.2024 Civil Application (CAF) No.501/2025 This is an application for withdrawal of amount by respondent Nos.1 and 2 - land owners. The amount involved in the matter is meagre. The learned counsel for the respondent Nos.1 and 2 makes a statement that in a similar matter 75% of the amount deposited is allowed to be withdrawn on the usual undertaking. The statement is not disputed by the learned counsel for the appellant. 2.

In view of above, the respondent Nos.1 and 2 are permitted to withdraw the entire amount deposited by the appellant with this Court on furnishing usual undertaking.

3.

The civil application is disposed of accordingly.

First Appeal (ST) No.10258/2024 Heard.

2.

Admit.

3.

Call for record and proceedings.

3 / 3 17.caf2747.2024 4.

Mr. Deshpande, learned counsel waives service of notice on behalf of respondent Nos.1 & 2. 5.

Mr. Lule, learned AGP waives service of notice on behalf of respondent Nos.3 & 4.

(ROHIT W. JOSHI, J.)