Umesh Gajendra Patil v. The Executive Engineer

2026:BHC-AUG:11140 37-CA.2866-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 2866 OF 2026 IN FA/2746/2024 UMESH GAJENDRA PATIL

VERSUS

THE EXECUTIVE ENGINEER ...

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

Advocate for Respondent No.1 : Mr. Arun H. Koralkar ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13.03.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.64,53,136/-. Reliance is placed on order passed by Co-ordinate 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

37-CA.2866-26.odt on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The balance amount shall be invested in the nationalized bank.

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

vmk/-