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Bombay High CourtCA/1380/2026admittedallowedgrantedrule absolute

Nilkanth Devappa Sangave v. The Executive Engineer

2026-02-03Hon'Ble Shri Justice Shailesh P. Brahme2 pages

( 1 ) 59 CA 1380 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 1380 OF 2026 IN FA/3298/2025 NILKANTH DEVAPPA SANGAVE

VERSUS

THE EXECUTIVE ENGINEER WITH CIVIL APPLICATION NO. 12621 OF 2023 IN FA/37/2026 WITH CIVIL APPLICATION NO. 209 OF 2021 IN FA/37/2026 THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT K.K.D.C. OMERGA

VERSUS

FULCHAND APPARAO MANDALE AND ORS WITH CIVIL APPLICATION NO. 203 OF 2021 IN FA/36/2026 WITH CIVIL APPLICATION NO. 12622 OF 2023 IN FA/36/2026 THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT K.K.D.C. OMERGA

VERSUS

LAXMAN APPARAO MANDALE AND ORS WITH CIVIL APPLICATION NO. 12625 OF 2023 IN FA/38/2026 WITH CIVIL APPLICATION NO. 201 OF 2021 IN FA/38/2026 THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT K.K.D.C.OMERGA

VERSUS

BHALCHANDRA APPARAO MANDALE AND ORS ...

( 2 ) 59 CA 1380 OF 2026 Mr. R. V. Naiknavare, Advocate for Claimant Mr. S. V. Hange, AGP for Respondent/s-State Mr. A. H. Korhalkar, Advocate for Respondent No.1/Acquiring body ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.02.2026 PER COURT :- .

Applicant seeks withdrawal of amount of Rs.2,50,481/- deposited by the acquiring body. In similarly situated matters, this Court permitted the claimants to receive the deposited amount on certain conditions. I propose to follow the same course as is done in order dated 06.10.2025. 2.

Civil Application is allowed partly permitting the applicant to receive 50% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) and remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. 3.

First Appeal No.3298 of 2025 shall be segregated from other matters because those are not from the same acquisition process. ( SHAILESH P. BRAHME, J. ) PRW