V.I.D.C. Thr. Executive Engineer, Lower Wardha Canal Division, Wardha v. Bajrang Motiramji Kundalwar And Others

2025:BHC-NAG:12146 1 89. FA 319 of 2021 1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3942 OF 2025 IN FIRST APPEAL NO.319 OF 2021 V.I.D.C. THR. EXECUTIVE ENGINEER, LOWER WARDHA CANAL DIVISION, WARDHA

VERSUS

BAJRANG MOTIRAMJI KUNDALWAR AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H.D. Marathe, Advocate for Appellant.

Ms. P.D. Pisurde, Advocate for Applicant/Respondent No.1. Mr. N.S. Autkar, AGP for Respondent Nos.2 & 3-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 14th NOVEMBER 2025 1.

This is an application for withdrawal of the amount of compensation deposited by the appellant in this Court. 2.

It is pointed out that the appeal filed by the appellant is dismissed on the basis of order dated 05th September 2023, passed by this Court. It is submitted that since the appeal itself is dismissed, applicant/respondent No.1, whose land was acquired, is entitled to receive the amount of compensation.

3.

Learned Advocate Mr. H.D. Marathe for the appellant does not dispute the position that the appeal stands dismissed and the entire amount is lying in this Court.

2 89. FA 319 of 2021 1.odt 4.

Having regard to the contents of the application, the application is allowed and the applicant/respondent No.1 is entitled to withdraw the amount of compensation along with accrued interest. 5.

In view of the above, the civil application is disposed of. (PRAFULLA S. KHUBALKAR, J.) asd