The Executive Engineer Minor Irrigation Division Jalgaon v. Natthu Pandurang Jware

953-CA.5342-26 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 5342 OF 2026 IN FAST/26857/2025 NATTHU PANDURANG JWARE

VERSUS

THE STATE OF MAHARASHTRA WITH CIVIL APPLICATION NO. 12371 OF 2025 IN FAST/26857/2025 WITH CIVIL APPLICATION NO. 12370 OF 2025 IN FAST/26857/2025 ...

Advocate for Applicant : Mr. More Kumar Gaurav Madhav. AGP for Respondent/s-State : Mr. G. O. Wattamwar. Advocate for respective Respondent/s : Mr. Ajay D. Pawar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.1,95,76,092/- deposited by the respondent/acquiring body.

3.

It is pointed out that enhancement is just about 5 times. 4.

Application is contested by the acquiring body on various grounds. It is desirable to permit the applicant to receive 70% of the amount on furnishing undertaking.

5.

Civil application is allowed partly permitting the applicant to receive 70% amount with accrued interest on

953-CA.5342-26 & ors.odt furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

Balance amount shall be invested in any nationalized bank.

Civil Application for Delay 7.

Applicant seeks to condone delay of 1192 days in preferring appeal.

8.

The averments of the applications have not been controverted. The delay is condoned.

9.

Civil application is allowed.

Civil Application for Stay 10.

As the acquiring body has deposited the amount in pursuance of the orders passed by this Court, ad-interim relief shall stand confirmed.

11.

Civil application is disposed of.

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

vmk/-