Sudhakar Dattu Gaavali v. The Executive Engineer Irrigation Project Strenghting Majbutikaran Division Omerga
2026:BHC-AUG:21282 1 of 6 02-CA.5241.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 2 CIVIL APPLICATION NO. 5241 OF 2026 IN FA/3038/2023 HARIBHAHU VISHNU GAVALI ...
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CIVIL APPLICATION NO. 5033 OF 2023 IN FA/3042/2023 SUDHAKAR DATTU GAWALI CIVIL APPLICATION NO. 5035 OF 2023 IN FA/3043/2023 SAU SUNITA RAM MORE CIVIL APPLICATION NO. 5037 OF 2023 IN FA/3041/2023
2 of 6 02-CA.5241.2026 KISAN YESHWANT JADHAV CIVIL APPLICATION NO. 5029 OF 2023 IN FA/3044/2023 NANA PANDIT JADHAV AND ORS Mr. Santosh N. Patne, Advocate for Respondent Nos.1 and 2. CIVIL APPLICATION NO. 5031 OF 2023 IN FA/3040/2023 EX. ENGINEER, PATBANDHARE MAJBUTIKARAN VIBHAG OMERG A DN ORS VASANT MADHAV LOME (DIED) INDRAJEET VASANT LOMTE AND ORS Mr. Santosh N. Patne, Advocate for Respondent Nos.1 to 3. CIVIL APPLICATION NO. 5025 OF 2023 IN FA/3038/2023 HARIBHAU VISHNU GAWALI
3 of 6 02-CA.5241.2026 CIVIL APPLICATION NO. 5027 OF 2023 IN FA/3039/2023 BABAN BALI GAWALI (DIED) THR HIS LRS CHANDRAKALA BABAN GAWALI CIVIL APPLICATION NO. 5249 OF 2026 IN FA/3041/2023 KISAN YASHVANT JADHAV CIVIL APPLICATION NO. 5242 OF 2026 IN FA/3040/2023 VASANT MADHAV LOMTE DIED LRS INDRAJIT VASAT LOMTE AND OTHERS
4 of 6 02-CA.5241.2026 CIVIL APPLICATION NO. 5244 OF 2026 IN FA/3039/2023 BABAN BALI GAVALI DIED CHANDRAKALA BABAN GAVALI CIVIL APPLICATION NO. 5039 OF 2023 IN FA/3045/2023 EX. ENGINEER, PATBANDHARE MAJBUTIKARAN VIBHAG OMERGA AND ORS NAGNATH JAGNNATH JADHAV Ms. Sunita Dasharat Shelke, Advocate for Applicants. CIVIL APPLICATION NO. 5245 OF 2026 IN FA/3043/2023 SUNITA RAM MORE CIVIL APPLICATION NO. 5248 OF 2026 IN FA/3042/2023 SUDHAKAR DATTU GAAVALI
5 of 6 02-CA.5241.2026 CIVIL APPLICATION NO. 5246 OF 2026 IN FA/3044/2023 NANA PANDIT JADHAV AND OTHER MAJBUTIKARAN DIVISION OMERGA DIST OSMANABAD ...
CORAM :
SIDDHESHWAR S. THOMBRE, J.
DATE :
5th MAY, 2026 P.C.:- CIVIL APPLICATION/S FOR WITHDRAWAL OF AMOUNT:- 1.
Heard learned Advocates for the respective parties. Mr. Patne, learned Advocate, appears for the Applicant.
2.
By the present application, the Applicant seeks permission to withdraw the amount deposited by the acquiring body. The matter arises out of acquisition of the Applicant's land, which was acquired in the year 2004. The acquiring body has preferred an appeal against the award passed by the Reference Court, which is pending and is likely to take some time for final disposal.
6 of 6 02-CA.5241.2026 3.
Pursuant to the orders passed by this Court, the acquiring body has deposited the awarded amount before this Court. 4.
Considering that the Applicants are agriculturists whose land has been acquired, and having regard to the fact that the appeal is pending and may take time for disposal, the application deserves to be partly allowed. Accordingly, the Applicants are permitted to withdraw 75% of the deposited amount, subject to filing an undertaking that, in the event the appeal is decided against them, they shall refund the withdrawn amount along with applicable interest. FIRST APPEAL NOS.3038 OF 2023, 3042 OF 2023, 3043 OF 2023, 3041 OF 2023, 3044 OF 2023, 3040 OF 2023, 3039 OF 2023, 3045 OF 2023:- 5.
Admit.
CIVIL APPLICATION/S FOR STAY:- 6.
This Court has already stayed the impugned order vide its order dated 17.04.2023. In view thereof, the civil application/s are disposed of.
(SIDDHESHWAR S. THOMBRE, J.) Tauseef