( 1 ) 950 CA 9517 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 9517 OF 2025 IN FAST/27841/2023 SUHAS BHAURAO KADAM VERSUS THE STATE OF MAHARASHTRA AND ORS ... Mr. S. S. Wakure, Advocate for Applicant Mr. S. V. Hange, AGP for Respondents-State Mr. R. R. Deshmukh, Advocate for Respondent No.3 WITH CIVIL APPLICATION NO. 9519 OF 2025 IN FAST/27850/2023 SHIRISH NARSINGRAO KADAM AND ANR VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9524 OF 2025 IN FAST/27863/2023 LAXMAN RAJARAM KADAM AND ANR VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9520 OF 2025 IN FAST/27856/2023 SURAJ SUHAS KADAM AND ANR VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9527 OF 2025 IN FAST/27872/2023 SHRIKANT NARSINGRAO KADAM VERSUS 2025:BHC-AUG:27107 ( 2 ) 950 CA 9517 OF 2025 THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9525 OF 2025 IN FAST/27880/2023 BALASAHEB NARSINGRAO KADAM VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9523 OF 2025 IN FAST/27844/2023 HANMANT SHANKAR KADAM VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9522 OF 2025 IN FAST/27859/2023 RAJARAM JYOTIRAM KADAM DIED HIS LRS KOUSHALYA AND ORS VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9526 OF 2025 IN FAST/27867/2023 SHASHIKALA DATTATRAYA DONGARE VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 15194 OF 2023 IN FAST/27859/2023 EXECUTIVE ENGINEER MINOR IRRIGATION DIV. VERSUS RAJARAM JYOTIRAM KADAM DIED THROUGH LRS WITH CIVIL APPLICATION NO. 15195 OF 2023 IN FAST/27859/2023 ( 3 ) 950 CA 9517 OF 2025 EXECUTIVE ENGINEER MINOR IRRIGATION DIV. VERSUS RAJARAM JYOTIRAM KADAM DIED THROUGH LRS WITH CIVIL APPLICATION NO. 15184 OF 2023 IN FAST/27841/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SUHAS SO BHAURAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15185 OF 2023 IN FAST/27841/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SUHAS SO BHAURAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15199 OF 2023 IN FAST/27844/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD. VERSUS HANMANT SHANKAR KADAM AND ORS WITH CIVIL APPLICATION NO. 15200 OF 2023 IN FAST/27844/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD. VERSUS HANMANT SHANKAR KADAM AND ORS WITH CIVIL APPLICATION NO. 15201 OF 2023 IN FAST/27847/2023 THE EXECUTIVE ENGINEER IRRIGATION PROJECTMAJBUTIKARAN DIVISION OSMANABAD ( 4 ) 950 CA 9517 OF 2025 VERSUS SHIRISH SO NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15203 OF 2023 IN FAST/27847/2023 THE EXECUTIVE ENGINEER IRRIGATION PROJECTMAJBUTIKARAN DIVISION OSMANABAD VERSUS SHIRISH SO NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15193 OF 2023 IN FAST/27863/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS LAXMAN RAJARAM KADAM AND ORS WITH CIVIL APPLICATION NO. 15197 OF 2023 IN FAST/27850/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SHIRISH NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15198 OF 2023 IN FAST/27850/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SHIRISH NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15204 OF 2023 IN FAST/27853/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS ( 5 ) 950 CA 9517 OF 2025 SIDHESHWAR SOPAN KADAM AND ORS WITH CIVIL APPLICATION NO. 15205 OF 2023 IN FAST/27853/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SIDHESHWAR SOPAN KADAM AND ORS WITH CIVIL APPLICATION NO. 15191 OF 2023 IN FAST/27867/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SHASHIKALA DATTATREY DONGARE AND ORS WITH CIVIL APPLICATION NO. 15209 OF 2023 IN FAST/27872/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION VERSUS SHIRIKANT NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15206 OF 2023 IN FAST/27856/2023 EXECUTIVE ENGINEER MINOR IRRIGATION DIV. VERSUS SURAJ SUHAS KADAM AND ORS WITH CIVIL APPLICATION NO. 15192 OF 2023 IN FAST/27863/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS LAXMAN RAJARAM KADAM AND ORS ( 6 ) 950 CA 9517 OF 2025 WITH CIVIL APPLICATION NO. 15190 OF 2023 IN FAST/27867/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS SHASHIKALA DATTATREY DONGARE AND ORS WITH CIVIL APPLICATION NO. 15188 OF 2023 IN FAST/27880/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS BALASAHEB NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15189 OF 2023 IN FAST/27880/2023 EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD VERSUS BALASAHEB NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 15207 OF 2023 IN FAST/27856/2023 EXECUTIVE ENGINEER MINOR IRRIGATION DIV. VERSUS SURAJ SUHAS KADAM AND ORS WITH CIVIL APPLICATION NO. 15210 OF 2023 IN FAST/27872/2023 EXECUTIVE ENGINEER MINOR IRRIGATION DIV. VERSUS SHIRIKANT NARSINGRAO KADAM AND ORS WITH CIVIL APPLICATION NO. 9528 OF 2025 ( 7 ) 950 CA 9517 OF 2025 IN FAST/27853/2023 SIDHESHWAR SOPAN KADAM VERSUS THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO. 9521 OF 2025 IN FAST/27847/2023 SHIRISH NARSINGRAO KADAM VERSUS THE STATE OF MAHARASHTRA AND ORS … CORAM : AJIT B. KADETHANKAR, J. DATE : 26.09.2025 PER COURT :- CIVIL APPLICATION NO. 9517 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9519 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9520 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9521 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9522 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9523 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9524 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9525 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9526 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9527 OF 2025 (Withdrawal) CIVIL APPLICATION NO. 9528 OF 2025 (Withdrawal) 1. All the First Appeals are filed by the Acquiring Body, challenging enhancement granted by the learned Reference Court in the respective Land Acquisition References as mentioned below: C.A. No. First Appeal No. L.A.R. No. Authority 9517 OF 2025 27841/2023 534 of 2018 Learned Civil Judge, 9519 OF 2025 27850/2023 529 of 2008 9520 OF 2025 27856/2023 191 of 2008 ( 8 ) 950 CA 9517 OF 2025 Senior Division, Osmanabad, Delivered on 01.07.2013 9521 OF 2025 27847/2023 326 of 2008 9522 OF 2025 27859/2023 531 of 2008 9523 OF 2025 27844/2023 2 of 2008 9524 OF 2025 27863/2023 533 of 2008 9525 OF 2025 27880/2023 361 of 2009 9526 OF 2025 27867/2023 547 of 2008 9527 OF 2025 27872/2023 260 of 2008 9528 OF 2025 27853/2023 325 of 2008 2. Pursuant to the interim relief granted in favour of the Acquiring Body in their Civil Applications, the Acquiring Body has deposited the entire amount in this Court. As such, there is compliance of the first order passed by this Court. Pursuant to the deposits made by the Acquiring Body, present Civil Applications are moved by the claimants for withdrawal of the deposited amount. 3. Mr. S. S. Wakure, learned counsel for the applicants placed on record an order dated 26.08.2022, passed by this Court in Civil Application No.12171 of 2022 in FAST/31099/2019 and connected matters. Mr. Wakure submits that this Court, vide the cited order, permitted 70% of the amount deposited by the acquiring body in this Court in respective First Appeals. He further submits that the cited matters arise out of the same land acquisition proceedings and same land acquisition award. He also states that the grounds of the appeal and objection by the acquiring body in the cited matters are identical to those in the present matters. He further submits that the order of ( 9 ) 950 CA 9517 OF 2025 withdrawal in the cited matters was passed by this Court after hearing both the parties and particularly the acquiring body. Hence on the ground of parity, Mr. Wakure, learned counsel for the applicant seeks similar order in the present applications. In Civil Application No.9517 of 2025, Mr. Wakure prays that the amounts falling equal to the shares of both the applicants be disbursed to them in their respective individual accounts. 4. Mr. Deshmukh, learned counsel for the acquiring body fairly agrees with the submissions made by Mr. Wakure, learned counsel for the applicant on factual aspects that these matters involve the same land acquisition award, the same acquisition proceedings, and identical grounds of appeal in all the appeals. 5. In view of this, I pass the following order :- ORDER a. Civil Applications are allowed. b. Applicants are permitted to withdraw 70% of the amount deposited by the acquiring body in respective appeals by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. In Civil Application No.9517 of 2025, the amounts falling equal to the shares of both the applicants be disbursed to them in their respective individual accounts. d. Remaining amount pending in this Court shall be deposited ( 10 ) 950 CA 9517 OF 2025 in fixed deposit in any nationalized bank. e. Civil Applications are disposed of. CIVIL APPLICATION NO. 15184 OF 2023 (Delay) CIVIL APPLICATION NO. 15197 OF 2023 (Delay) CIVIL APPLICATION NO. 15206 OF 2023 (Delay) CIVIL APPLICATION NO. 15201 OF 2023 (Delay) CIVIL APPLICATION NO. 15194 OF 2023 (Delay) CIVIL APPLICATION NO. 15199 OF 2023 (Delay) CIVIL APPLICATION NO. 15192 OF 2023 (Delay) CIVIL APPLICATION NO. 15188 OF 2023 (Delay) CIVIL APPLICATION NO. 15190 OF 2023 (Delay) CIVIL APPLICATION NO. 15209 OF 2023 (Delay) CIVIL APPLICATION NO. 15204 OF 2023 (Delay) 1. All the First Appeals are filed by the Acquiring Body, challenging enhancement granted by the learned Reference Court in the respective Land Acquisition References as mentioned below: C.A. No. First Appeal No. L.A.R. No. Days of delay Authority 15184 of 2023 27841/2023 534 of 2018 3582 Learned Civil Judge, Senior Division, Osmanabad, Delivered on 01.07.2013 15197 of 2023 27850/2023 529 of 2008 3585 15206 of 2023 27856/2023 191 of 2008 3582 15201 of 2023 27847/2023 326 of 2008 3585 15194 of 2023 27859/2023 531 of 2008 3582 15199 of 2023 27844/2023 2 of 2008 3582 15192 of 2023 27863/2023 533 of 2008 3582 15188 of 2023 27880/2023 361 of 2009 3582 15190 of 2023 27867/2023 547 of 2008 3582 15209 of 2023 27872/2023 260 of 2008 3582 15204 of 2023 27853/2023 325 of 2008 3582 1. These are the Civil Applications for condonation of delay in filing the respective First appeals. ( 11 ) 950 CA 9517 OF 2025 2. As a matter of fact, the appellant/acquiring body has deposited the entire payable award amount in this Court pursuant to the stay granted earlier by this Court, and today, the claimant are permitted to withdraw substantial portion of the deposited amount. 3. Considering this and the reasons stated in the application, Civil Applications are allowed. 4. Delay in filing the respective First Appeals is hereby condoned. 5. Registry to register the First Appeals, subject to removal of all office objections, if any, by the applicants, within two weeks from today, failing to which the registration of the First Appeals stands de-registered. CIVIL APPLICATION NO. 15185 OF 2023 (Stay) CIVIL APPLICATION NO. 15198 OF 2023 (Stay) CIVIL APPLICATION NO. 15207 OF 2023 (Stay) CIVIL APPLICATION NO. 15203 OF 2023 (Stay) CIVIL APPLICATION NO. 15195 OF 2023 (Stay) CIVIL APPLICATION NO. 15200 OF 2023 (Stay) CIVIL APPLICATION NO. 15193 OF 2023 (Stay) CIVIL APPLICATION NO. 15189 OF 2023 (Stay) CIVIL APPLICATION NO. 15191 OF 2023 (Stay) CIVIL APPLICATION NO. 15210 OF 2023 (Stay) CIVIL APPLICATION NO. 15205 OF 2023 (Stay) 1. In view of the fact that the acquiring body has complied with the conditions imposed by this Court while granting stay to the impugned judgment and order, stay granted earlier is made absolute. 2. Civil Application are allowed in terms of prayer clause “B”. ( 12 ) 950 CA 9517 OF 2025 3. Civil Applications are disposed of. FAST/27841/2023 FAST/27850/2023 FAST/27856/2023 FAST/27847/2023 FAST/27859/2023 FAST/27844/2023 FAST/27863/2023 FAST/27880/2023 FAST/27867/2023 FAST/27872/2023 FAST/27853/2023 1. Heard. 2. Admit. 3. Issue notice to the respondents. Mr. Dande, learned AGP waives service of notice for the respondent-state in respective appeals. 4. Call Record and Proceeding. [AJIT B. KADETHANKAR, J.] PRW