914-CA-5395-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 5395 OF 2025 IN FAST/6401/2021 Madhavrao Rama Shimpi (died) Thr Lrs Gopal And Ors. ….Applicants VERSUS The Special Land Acquisition Offcerr Minor Irrigationr Jalgaon …..Respondent ….. Ms. S. A. Kale h/f Mr. Kale Ajeet B.r Advocate for Applicants Mr. Rajdeep D. Rautr AGP for Respondents – State Mr. Rahul A. Tamber Advocate for Respondent Nos.2 and 4 ….. AND CIVIL APPLICATION NO. 5895 OF 2021 IN FAST/6401/2021 The Ex. Directorr T.i.d.c.r Jalgaon And Ors. .....Applicants VERSUS Madhavrao Rama Shimpi (died) Thr Lrs Gopal And Ors. .....Respondents ….. Mr. Tambe Rahul A.r Advocate for the Applicants Ms. S. A. Kale h/f Mr. A. B. Kaler Advocate for Respondent Nos.1 to 4 ….. CORAM : NEERAJ P. DHOTEr J. DATE : 07.05.2025 PER COURT : [I] ORDER IN APPLICATION FOR CONDONATION OF DELAY : 1. This is an Application for condonation of 231 days delay in fling the First Appeal by the Acquiring Body against the Judgment and Award dated 29/04/2019r passed by the learned Civil Judger Senior Divisionr Chalisgaonr in Land Acquisition Reference [LAR] No.638/2011. 1 914-CA-5395-2025.odt 2. Heard the learned Advocate for the Applicants and the learned Advocate for the Respondents – Claimants. 3. For the reasons mentioned in the Applicationr the Application is allowed in terms of Prayer Clause – ‘B’ and the same stands disposed off accordingly. [II] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT : 1. This is an Application for withdrawal of the amount deposited by the Acquiring Body in this Court along with accrued interest thereon. The Appeal is fled by Acquiring Body in respect of lands acquired for Mundkheda Minor Irrigation Tank in File No. LAQ/SR-No.44/04. 2 It is submitted by the learned Advocate for the Applicants / Claimants thatr the matters arising out of the same acquisition proceedings are fnally disposed off by this Court vide order dated 19/10/2023r passed in First Appeal No.5165/2017. He submits thatr only 50% amount has been deposited by the Acquiring Body and the Applicants are ready to furnish regular undertaking against withdrawal. 3. The learned Advocate Mr. Tambe appearing for the Acquiring Body submits thatr though he had sent communication to the Acquiring Body for instructions in view of the above referred submissionr there is no response. He submits thatr appropriate orders be passed. 4. Considering thatr the Appeals arising out of same acquisition fled by the Claimants therein are disposed off and only 2 914-CA-5395-2025.odt 50% amount is deposited by the Acquiring Body and when the Applicants / Claimants are ready to furnish regular undertakingr I see no impediment in allowing the Application. Hencer the Application is allowed in terms of Prayer Clause – ‘B’. The Applicants / Claimants shall fle regular undertaking to the satisfaction of the Registrar [Judicial] of this Court. 5. Civil Application stands disposed off accordingly. [NEERAJ P. DHOTEr J.] Sameer/May-2025 3 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 08/05/2025 18:44:17