Sitaram Arjun Bhonde. v. The Ex. Engineer, Waghur Dam Section, Jalgaon And ORS.

2026:BHC-AUG:5109 (1) 901ca1086.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 1086 OF 2026 IN FA/2319/2020 SITARAM ARJUN BHONDE.

....Applicant

VERSUS

THE EX. ENGINEER, WAGHUR DAM SECTION, JALGAON AND ORS. .....Respondents Mr. V. P. Patil, Advocate for the applicant Ms. Shrutika Nirhali, Advocate h/f Mr. P. R. Nagre, Advocate for the respondent No.2 CORAM : RAJNISH R. VYAS, J.

DATE : 05th FEBRUARY, 2026 PER COURT :

1.

Heard Ms. Shrutika, Advocate for the acquiring body. She has filed affidavit-in-reply to an application on behalf of respondent Nos. 1 and 2 same is taken on record and marked as 'X' for the purpose of identification.

2.

This is an application is for grant of permission to withdraw the entire amount along with interest deposited by the appellant.

3.

Mr. Patil, learned advocate for the claimant invited my attention to the order dated 04-11-2020 which states that the acquiring body has deposited 75% of the amount as awarded by the

(2) 901ca1086.26 reference court. The order further shows that the applicant was permitted to withdraw the amount deposited before this court to the extent of 50% on furnishing undertaking and 25% on furnishing solvent security. However, the office only permitted to withdraw 75% of the 75% amount deposited by the acquiring body and not entire 75%.

4.

Ms. Shrutika, learned advocate has opposed the application and contended that the order dated 04-11-2020 in fact allows the claimant to withdraw 75% of the amount only. She has stated that court order is very clear. If the applicant has any grievance, he can file an appeal.

5.

I have gone through the order dated 04-11-2020. It would reveal that the claimant was permitted to withdraw the entire amount i.e. amount which was deposited by the acquiring body. 6.

In that view of the matter, the application is allowed in terms of prayer clause-B.

[RAJNISH R. VYAS, J. ] VishalK/901ca1086.26