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Bombay High CourtCA/9820/2025admittedallowedgrantedrule absolute

Vishnu Shankar Padol Died Through Lrs Amol Vishnu Padol And ORS v. The State Of Maharashtra Through The Collector And ORS

2026-01-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:1954 ( 1 ) 54 CA 9820 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 9820 OF 2025 IN FA/49/2026 VISHNU SHANKAR PADOL DIED THROUGH LRS AMOL VISHNU PADOL AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND ORS WITH CIVIL APPLICATION NO. 13177 OF 2023 IN FA/49/2026 THE EX. ENGINEER, M.I.D., JALNA THR G.M.I.D.C., AURANGABAD

VERSUS

VISHNU SHANKAR PADOL AND ORS ...

Ms. Sakshi A. Kale h/f. Mr. A. B. Kale, Advocate for Claimants Mr. S. N. Morampalle, AGP for Respondent-s/State Ms. Vaishali S. Swami h/f. Mr. Mahesh C. Swami, Advocate for Acquiring Body WITH CIVIL APPLICATION NO. 12922 OF 2023 IN FA/2115/2024 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, JALNA.

VERSUS

UTTAM RAYASJI BHUJANG AND ORS WITH CIVIL APPLICATION NO. 11462 OF 2025 IN FA/2115/2024 UTTAM RAYASJI BHUJANG

VERSUS

THE ELECTIVE ENGINEER MINOR IRRIGATION DIVISION ...

Ms. Sakshi A. Kale h/f. Mr. A. B. Kale, Advocate for Claimants Mr. S. N. Morampalle, AGP for Respondent-s/State Mr. Ram B. Deshpande, Advocate for Acquiring Body ...

( 2 ) 54 CA 9820 OF 2025

CORAM

: SHAILESH P. BRAHME, J.

DATE : 16.01.2026 PER COURT :- .

Heard both sides.

2.

Applicants seek to withdraw the amount deposited by the respondent-acquiring body. My attention is adverted to common order dated 09.10.2025 permitting the applicants to withdraw the amount on certain conditions. I propose to follow the same course. 3.

Civil Application No.9820 of 2025 is allowed partly permitting the applicants to receive 75% of the deposited amount alongwith accrued interest on furnishing usual undertaking and remaining 25% of the deposited amount on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

4.

It is brought to my notice that in First Appeal No.2115 2024, initially, the acquiring body had deposited 60% of the amount and that was disbursed to the claimants by intervention of this Court. The balance amount has now been deposited by the acquiring body which is sought to be withdrawn by Civil Application No.11462 of 2025 for the second time. 5.

The applicants shall be permitted to withdraw the said amount with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

CIVIL APPLICATIONS FOR STAY 6.

As the amount of compensation is deposited by the acquiring body, ad-interim stay granted earlier shall stands confirmed. 7.

Civil Applications for stay stand disposed of. ( SHAILESH P. BRAHME, J. ) PRW