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Bombay High CourtCA/3924/2026admittedallowedgrantedrule absolute

Kisan Chhagan Jadhav Died Through L Rs Uma Vaibhav Bachute v. The Executive Engineer Benitura Medium Project Division Irrigation Departmen Omerga Dist Osman

2026-05-05Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2026:BHC-AUG:20628 924-CA.3924-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 3924 OF 2026 IN FA/1633/2025 KISAN CHHAGAN JADHAV DIED THROUGH L RS UMA VAIBHAV BACHUTE

VERSUS

THE EXECUTIVE ENGINEER BENITURA MEDIUM PROJECT DIVISION IRRIGATION DEPARTMEN OMERGA DIST OSMAN ...

Advocate for Applicant : Mr. Ambade Pradeep Vilasrao. AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respective Respondent/s : Adv. Snehal P. (Mahajan).

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.12,06,240/- deposited by the respondent/acquiring body.

3.

It is pointed out that the enhancement is from Rs.3017/- per R. to Rs.8,000/- per R. which is within four times. Entire amount is solicited to be withdrawn.

4.

Application is contested by the respondent.

5.

It is submitted that the enhancement is exorbitant and entire amount cannot be permitted to be disbursed.

924-CA.3924-26.odt 6.

Prima facie, it reveals that enhancement is within four times and the respondent/acquiring body should not have filed appeal in wake of policy of the State Government. 7.

Civil application is allowed partly permitting the applicant to receive 90% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.

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

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