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2015 DAILYLAW 2731 (BOM)

ANITA HARISH TAPASE AND ORS. v. EXECUTIVE ENGINEER, IRRIGATION PROJECT, STRENGTHENING DIVISION, OMERGA THR MKVDC PUNE AND OTHERS.

CA/3145/2026 · 2026-06-22

Shri Sanjay A Deshmukh

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Judgment text

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Dilwale 1 913-FA-3064-15 GROUP.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 913 FIRST APPEAL NO. 3064 OF 2015 Executive Engineer, Irrigation Project, Strengthening Division, Omerga Thr Mkvdc Pune And Others VERSUS Subhadrabai Manju Shinde And Others WITH CIVIL APPLICATION NO. 10166 OF 2016 IN FIRST APPEAL NO.3064 OF 2015 Anita Harish Tapase And Ors VERSUS Executive Engineer, Irrigation Project, Strengthening Division, Omerga Thr Mkvdc Pune And Others WITH FIRST APPEAL NO. 36 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 35 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 267 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others ... Dilwale 2 913-FA-3064-15 GROUP.odt WITH FIRST APPEAL NO. 269 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH CIVIL APPLICATION NO. 801 OF 2023 IN CROSS OBJECTION (ST) NO.15527 OF 2021 Alka Nagnath Mali VERSUS The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 802 OF 2023 IN CROSS OBJECTION (ST) NO.15530 OF 2021 Mainabai Nagnath Mali VERSUS The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 5234 OF 2022 IN CROSS OBJECTION (ST) NO.15382 OF 2021 Prabhakar Tatyaba Jadhav VERSUS The State Of Maharashtra Through The Collector, Osmanabad And Others WITH CIVIL APPLICATION NO. 803 OF 2023 IN CROSS OBJECTION (ST) NO.15532 OF 2021 Nagnath Babu Mali VERSUS The State Of Maharashtra And Ors ... Dilwale 3 913-FA-3064-15 GROUP.odt WITH FIRST APPEAL NO. 3490 OF 2015 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH CIVIL APPLICATION NO. 5411 OF 2023 IN CROSS OBJECTION (ST) NO.24739 OF 2021 Daji Gajendra Kashid Thr Gpa Sunita D. Kashid VERSUS The State Of Maharashtra Thr The Collector, Osmanabad And Ors WITH FIRST APPEAL NO. 2523 OF 2017 The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors VERSUS Shamrao Manik Joshi WITH CIVIL APPLICATION NO. 5412 OF 2023 IN CROSS OBJECTION (ST) NO.24736 OF 2021 Dhananjay Gajendra Kashid VERSUS The State Of Maharashtra Thr The Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 7351 OF 2026 IN FIRST APPEAL NO.3064 OF 2015 Suryakant S/o. Manju Shinde And Anr. VERSUS Anita Harish Tapase And Ors. WITH FIRST APPEAL NO. 268 OF 2016 Dilwale 4 913-FA-3064-15 GROUP.odt The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 265 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 37 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 38 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 39 OF 2016 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH CROSS OBJECTION NO. 214 OF 2026 IN FIRST APPEAL NO.3064 OF 2015 Anita Harish Tapase And Ors. VERSUS Executive Engineer, Irrigation Project, Strengthening Division, Omerga Thr Mkvdc Pune And Others. Dilwale 5 913-FA-3064-15 GROUP.odt WITH FIRST APPEAL NO. 2525 OF 2017 The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors VERSUS Vitthal Maruti Mali And Anr WITH FIRST APPEAL NO. 3488 OF 2015 The Executive Engineer Irrigation Projectreinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 3489 OF 2015 The Executive Engineer Irrigation Project Reinforcement Department Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 3491 OF 2015 The Executive Engineer Irrigation Project Reinforcement Department, Omerga VERSUS The State Of Maharashtra And Others WITH FIRST APPEAL NO. 2522 OF 2017 The Ex. Engineer, Irrigation Project, Strengthening Div. Omerga And Ors VERSUS Dnayanoba@dnayandev Balbhim Jatkar ... Advocate for Appellants in respective appeals : Mr. Rahul A. Tambe and Mr. G. B. Rajale, AGP for Respondent-State: Mr. R. B. Dhaware Advocate for Respondents in respective appeals : Mr. Chavan P. S. ... Dilwale 6 913-FA-3064-15 GROUP.odt CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 15.07.2026 PER COURT : 1. Heard learned counsel for the respective parties for some time. 2. This Court, by its order dated 29th August, 2024, directed respondent Nos. 5 to 7 to deposit the amount 25% out of 50% withdrawn by them. Pursuant thereto, respondent Nos. 2 and 4 have deposited the amount in this Court. However, so far as respondent No. 3 is concerned, the amount has not been deposited till date. 3. The matter was heard in the morning session for some time. At the request of the learned counsel appearing for respondent No. 3, the matter was passed over to enable him to obtain instructions as to the time required for depositing the amount. On instructions, the learned counsel submits that respondent No. 3 shall deposit the amount within three weeks. 4. The said statement is accepted as an undertaking to this Court. However, it has been brought to the notice of this Court that on several earlier occasions respondent No. 3 sought time to deposit the amount, but failed to honour the assurance. 5. Hence, by way of a last indulgence, four weeks’ time is granted to respondent No. 3 to deposit the amount as directed by this Court in its order dated 29th August, 2024. Dilwale 7 913-FA-3064-15 GROUP.odt 6. If respondent No. 3 fails to deposit the amount within the aforesaid period, issue a non-bailable warrant against respondent No. 3. 7. Place the matters on 12.08.2026. 8. To be heard along with First Appeal Nos.3468, 3469, 3470, 3471 of 2015 and 266 of 2016. [ SIDDHESHWAR S. THOMBRE ] JUDGE