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Bombay High CourtCA/1372/2026admittedallowedgrantedrule absolute

Kashinath Mohan Shelar Deceased Through Lr S v. The Executive Engineer Minor Irrigation Division No 1

2026-02-03Hon'Ble Shri Justice Shailesh P. Brahme1 pages

2026:BHC-AUG:4902 ( 1 ) 57 CA 1372 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 1372 OF 2026 IN FA/3589/2025 KASHINATH MOHAN SHELAR DECEASED THROUGH LR S

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 ...

Mr. Pahune Nandkishor Jayaram, Advocate for Applicants Mr. N. D. Raje, AGP for Respondent/s-State Mr. G. G. Suryawanshi, Advocate for Respondent No.1 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.02.2026 PER COURT :- .

Applicants seek withdrawal of amount of Rs.27,58,222/- deposited by the acquiring body relying on order passed by this Court in similarly circumstanced matter.

2.

Application is contested by the respondents.

3.

This Court has already taken consistent view in couple of matters, permitting the claimants to receive the amount. One such order dated 06.11.2025 is placed on record. Present case is squarely covered by the said order.

4.

Civil Application is allowed partly permitting the applicants to receive the deposited amount by the acquiring body with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

( SHAILESH P. BRAHME, J. ) PRW