Tapi Irrigation Development Corpration Jalgaon Through The Executive Engineer Miw Division Jalgaon v. Shri Subhash Chindha Patil And ORS

1 930-CA.4597-26 (930,931,941,945,949,954,955,958,960) (Corrected).odt (This order is corrected as per speaking to the minutes order dated 08.05.2026)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 4597 OF 2026 IN FAST/12773/2025 SHALIK KESHARLAL PARDHI THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON WITH CIVIL APPLICATION NO. 4795 OF 2025 IN FAST/12773/2025 AND 931 CIVIL APPLICATION NO. 4598 OF 2026 IN FAST/11467/2025 TUKARAM KAUTIK MARATHE THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON WITH CIVIL APPLICATION NO. 4797 OF 2025 IN FAST/11467/2025 AND 941 CIVIL APPLICATION NO. 5240 OF 2026 IN FA/2123/2025 VITTHAL PITAMBAR PATIL THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON AND 945 CIVIL APPLICATION NO. 5274 OF 2026 IN FAST/12707/2025 DANGAL MANSING PATIL DEAD THROUGH L RS INDUBAI DANGAL PATIL THE STATE OF MAHARASHTRA, THROUGH THECOLLECTOR, JALGAON

2 930-CA.4597-26 (930,931,941,945,949,954,955,958,960) (Corrected).odt WITH CIVIL APPLICATION NO. 4747 OF 2025 IN FAST/12707/2025 AND 949 CIVIL APPLICATION NO. 5324 OF 2026 IN FA/2125/2025 RAMESH RUJU MARATHE RAMESH RUNZU MARATHE NAME AS PER ADHAR CARD THE STATE OF MAHARASHTRA AND OTHERS AND 954 CIVIL APPLICATION NO. 5343 OF 2026 IN FA/2075/2025 MADHUKAR RUNJU MARATHE THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON AND 955 CIVIL APPLICATION NO. 5346 OF 2026 IN FAST/12699/2025 TUKARAM DAGA MARATHE AND ANR.

TAPI IRRIGATION DEVELOPMENT CORPORATION, JALGAON AND OTHERS.

WITH CIVIL APPLICATION NO. 4705 OF 2025 IN FAST/12699/2025 AND 958 CIVIL APPLICATION NO. 5351 OF 2026 IN FAST/18448/2025 SUBHASH CHINDHA PATIL AND OTHERS TAPI TRRIGATION DEVELOPMENT CORPORATION, JALGAON WITH CIVIL APPLICATION NO. 8619 OF 2025 IN FAST/18448/2025 AND 960 CIVIL APPLICATION NO. 5353 OF 2026 IN FAST/4808/2025

3 930-CA.4597-26 (930,931,941,945,949,954,955,958,960) (Corrected).odt DASHRATH ZINGA PARADHI DEAD THROUGH L RS CHARANBAI DASHRATH PARDHI THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALGAON WITH CIVIL APPLICATION NO. 12339 OF 2025 IN FAST/4808/2025 ...

Advocates for Applicants : Mr. Patil Vijay Bhalerao, Mr. Pande D. D. respectively.

AGPs for Respondent/s-State : Mr. S. V. Hange. Ms. P. V. Diggikar, Mr. S. B. Narwade, Mr. G. O. Wattamwar, respectively. Advocates for Respondent/Acquiring Body : Mr. S. B. Kadu, Mr. A. D. Pawar, respectively.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to withdraw the amount deposited by the respondent/acquiring body.

3.

It is contended by the learned counsel for the applicants that entire amount be disbursed. As against that, it is submitted by learned counsels for the acquiring body that this Court has taken consistent view in permitting the claimants to receive 50% of the amount with accrued interest on furnishing undertaking and further 25% of the amount on furnishing

4 930-CA.4597-26 (930,931,941,945,949,954,955,958,960) (Corrected).odt solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

3-A.

In FAST. NO.12707 of 2025, claimant No.3 Prakash Patil is no more and he is survived by his heirs. The cause of action survives as against them and they are necessary parties. The abatement if any shall stand set aside. Leave is granted to substitute the heirs. In FAST. No.4808 of 2025, claimant Dashrath Paradhi is survived by heirs. The abatement shall stand set aside and heirs are permitted to be brought on record.

4.

Civil applications are allowed partly permitting the applicants to receive 50% amount with accrued interest on furnishing undertaking and further 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

5.

Balance amount shall be invested in any nationalize bank, if any.

Civil Applications for Delay 6.

Applicants seek to condone delay in preferring first appeals.

5 930-CA.4597-26 (930,931,941,945,949,954,955,958,960) (Corrected).odt 7.

For the reasons stated in the applications, delay is condoned.

8.

Civil applications are allowed.

(SHAILESH P. BRAHME, J.) ...

vmk/-