Sudhakar S/O Wamanacharya Ahankari v. The State Of Maharashtra And ANR
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 955 CIVIL APPLICATION NO. 4873 OF 2025 IN FAST/25516/2023 MOHINIRAJ GANPATRAO KATIKAR AND ORS
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. L.C. Patil AGP for Respondent No.1 : Mr. S. P. Joshi Advocate for Respondent No.2 : Mr. R. A. Tambe ...
WITH CIVIL APPLICATION NO. 4874 OF 2025 IN FAST/25408/2023 SUDHAKAR S/O WAMANACHARYA AHANKARI
VERSUS
THE STATE OF MAHARASHTRA AND ANR ...
Advocate for Applicants : Mr. L.C. Patil AGP for Respondent No.1 : Mr. S. P. Joshi Advocate for Respondent No.2 : Mr. R. A. Tambe WITH CIVIL APPLICATION NO. 10867 OF 2023 IN FAST/24798/2023 THE EXECUTIVE ENGINEER PROJECT STENGHTHENING DIVISION OMERGA DIST OSMANABAD
VERSUS
MADHUKAR WAMANACHARYA AHANKARI (DIED) THR LRS. SUDHAKAR AND ORS ...
Advocate for Applicant : Mr. R. A. Tambe WITH CIVIL APPLICATION NO. 10871 OF 2023 IN FAST/25408/2023
( 2 ) THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIVISION OMERGA AND ANR
VERSUS
SUDHAKAR WAMANCHARAYA AHANKARI ...
Advocate for Applicants : Mr. R. A. Tambe WITH CIVIL APPLICATION NO. 10869 OF 2023 IN FAST/25516/2023 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIVISION OMERGA DIST OSMANABAD AND ANR
VERSUS
MOHINIRAJ GANPATRAO KATIKAR AND ORS ...
Advocate for Applicants : Mr. R. A. Tambe ...
CORAM
: PRAFULLA S. KHUBALKAR, J.
DATE : 30.04.2025 PER COURT :- CIVIL APPLICATION NO. 4873 OF 2025 IN FAST/25516/2023 This is an application seeking withdrawal of the amount deposited by the acquiring body in this Court. The proceedings are with respect to project having File No. 1999/LNQ/KK/CR-29. Learned Advocate for the applicants submits that in identical cases from the same project, orders are passed by this Court permitting
( 3 ) withdrawal of amounts and produces on record orders passed by this Court dated 05.12.2017 and 02.08.2019, in which this Court directed the applicants in those applications to withdraw the amount of 50% of the deposited amount on furnishing usual undertaking and remaining 25% of the deposited amount was directed to be withdrawn on furnishing solvent surety to the satisfaction of the learned Registrar (Judicial) of this court. Thus, it would be appropriate to pass similar order in the present case. Hence, the following order :
O R D E R
i.
The Civil Application is allowed.
ii.
The applicants are permitted to withdraw 50% of the amount deposited with accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. Further 25% of the amount deposited with accrued interest to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.
iii.
The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 4874 OF 2025 IN FAST/25408/2023 This is an application seeking withdrawal of the amount deposited by the acquiring body in this Court. The proceedings are with
( 4 ) respect to project having File No. 1999/LNQ/KK/CR-29. Learned Advocate for the applicants submits that in identical cases from the same project, orders are passed by this Court permitting withdrawal of amounts and produces on record orders passed by this Court dated 05.12.2017 and 02.08.2019, in which this Court directed the applicants in those applications to withdraw the amount of 50% of the deposited amount on furnishing usual undertaking and remaining 25% of the deposited amount was directed to be withdrawn on furnishing solvent surety to the satisfaction of the learned Registrar (Judicial) of this court. Thus, it would be appropriate to pass similar order in the present case. Hence, the following order :
O R D E R
i.
The Civil Application is allowed.
ii.
The applicants are permitted to withdraw 50% of the amount deposited with accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. Further 25% of the amount deposited with accrued interest to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.
( 5 ) iii.
The Civil Application is accordingly disposed of. CIVIL APPLICATION NO. 10867 OF 2023 IN FAST/24798/2023 By order dated 29th August 2023, interim relief in terms of prayer clause "B" was granted subject to deposit of 75% of the amount of compensation along with proportionate interest within the period of twelve weeks. Adv. Tambe, Learned Advocate for the applicant submits that the amount of 75% as directed is deposited within the time. The learned counsel for the respondents does not dispute the position. In view of this, interim relief granted by order dated 29th August 2023 stand confirmed.
CIVIL APPLICATION NO. 10871 OF 2023 IN FAST/25408/2023 By order dated 29th August 2023, interim relief in terms of prayer clause "B" was granted subject to deposit of 75% of the amount of compensation along with proportionate interest within the period of twelve weeks. Adv. Tambe, Learned Advocate for the applicant submits that the amount of 75% as directed is deposited within the time. The learned counsel for the respondents does not dispute the position. In view of this, interim relief granted by order dated 29th August
( 6 ) 2023 stand confirmed.
CIVIL APPLICATION NO. 10869 OF 2023 IN FAST/25516/2023 By order dated 29th August 2023, interim relief in terms of prayer clause "B" was granted subject to deposit of 75% of the amount of compensation along with proportionate interest within the period of twelve weeks. Adv. Tambe, Learned Advocate for the applicant submits that the amount of 75% as directed is deposited within the time. The learned counsel for the respondents does not dispute the position. In view of this, interim relief granted by order dated 29th August 2023 stand confirmed.
( PRAFULLA S. KHUBALKAR, J. ) PRW