Umesh Gajendra Patil v. Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 2852 OF 2026 IN FA/74/2024 UMESH GAJENDRA PATIL

VERSUS

EXECUTIVE ENGINEER WITH FIRST APPEAL NO. 74 OF 2024 WITH CIVIL APPLICATION NO. 14800 OF 2023 IN FA/74/2024 ...

Advocate for Applicant : Ms. Vaishali Arun Shinde. AGP for Respondent/s-State : Mr. N. D. Raje.

Advocate for Respondent No.1 : Mr. Pramod A. Pisal. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.03.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.1,63,18,542/-. Reliance is placed on order passed by Coordinate Bench in First Appeal No.82 of 2024 and connected matters. I find no difficulty in adopting the same course. 3.

Learned counsel appearing for the respondent/acquiring body has pointed out that enhancement is exorbitant. The interest of the acquiring body can be safeguarded by withholding 25% of the amount.

4.

Civil application is allowed partly permitting the applicant to receive 75% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The balance amount shall be invested in the nationalized bank.

First Appeal 6.

Admit.

7.

Learned counsel Ms. Shinde waives service of notice for respondent/claimant. Learned AGP waives service of notice for respondents/State Authorities.

8.

Call for Record and Proceedings from the concerned Court.

9.

Print is dispensed with.

Civil Application for Stay 10.

As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm.

11.

Civil application is disposed of.

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

vmk/-