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Bombay High CourtWP/15212/2025disposed off

The Executive Engineer Latur Minor Irrigation v. The State Of Maharashtra And Others

2026-01-19Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

2026:BHC-AUG:4401

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO. 15212 OF 2025 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S. C. Arora, Advocate for the Petitioner Mr. V. D. Sapkal, Senior Advocate a/w Mr. V. K. Bhosale i/b Mr. L. C. Patil, Advocate for Respondent Nos.2 to 4 Mr. M. K. Goyanka, AGP for Respondent/State WITH WRIT PETITION NO. 15213 OF 2025 THE EXECUTIVE ENGINEER LATUR MINOR IRRIGATION

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S. C. Arora, Advocate for the Petitioner Mr. V. D. Sapkal, Senior Advocate a/w Mr. V. K. Bhosale i/b Mr. L. C. Patil, Advocate for Respondent Nos.2 to 4 Mr. M. K. Goyanka, AGP for Respondent/State CORAM : S. G. CHAPALGAONKAR, J.

DATED : 19th JANUARY, 2026 P. C. :- 1.

Both Writ Petitions take exception to the order dated 31.07.2019 passed by learned District Collector, Latur in Enquiry No. CR-04 and 03 respectively.

2.

Mr. V. D. Sapkal, learned Senior Advocate appearing for Respondent Nos.2 to 4 would submit that in pursuance to order dated 01.03.2017 passed by Division Bench of this Court in Writ Petition No. 2748 of 2017, learned District Collector/Authority was directed to decide application filed by petitioner seeking interest under Section 34 of Land Acquisition Act, 1894 exposition of law laid down by Full Bench of this Court in case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016(3) Mh.L.J.457. Learned District Collector passed orders dated 31.07.2019, holding that land owners are entitle for interest under Section 34 of Land Acquisition Act, 1894 on enhanced compensation amount from the date of award passed under Section 11 of Land Acquisition Act till date of deposit of amount.

3.

The aforesaid order has been challenged by petitioner in three different Writ Petitions. One of the Writ Petition No. 2053 of 2024 has been earlier decided by Single Judge of this Court vide order dated 28.07.2025 upholding directions given by District Collector under his order dated 31.07.2019.

4.

Mr. Sapkal, learned Senior Advocate appearing for Respondent Nos.2 to 4 informs that in pursuance the order passed by Single Judge of this

Court, the interest amount is already released and received by claimants/land owners therein. Apparently petitioner did not challenge said order before the Supreme Court and proceeded to comply the directions of District Collector/ Authority in pursuance to order of this Court in Writ Petition No. 2053 of 2024.

5.

The present Writ Petitions takes exception to similar order passed by learned District Collector. No grounds are made out to cause interference in impugned order in light of observations made by this Court while deciding Writ Petition No. 2053 of 2024. Although Mr. Arora opposes to allow present Writ Petitions, he could not make out case to adopt different view, particularly benefit is released to similarly situated land holders, accepting Collector's decision.

6.

In that view of matter, for reasons as recorded by Single Judge of this Court in Writ Petition No. 2053 of 2024, both Writ Petitions stand dismissed.

(S. G. CHAPALGAONKAR, J.) ssp