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2025 DAILYLAW 9590 (BOM)

MANGAL GORAKH UNDRE v. The Executive Engineer Osmanabad Minor Irrigation Division Osmanabad Dist Osmanabad and ors

CA/3160/2025 · 2025-09-23

Shri Ajit B Kadethankar

body2025

Judgment text

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( 1 ) 953 CA 3160 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 3160 OF 2025 IN FAST/7387/2023 MANGAL GORAKH UNDRE VERSUS THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD DIST OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 3159 OF 2025 IN FAST/7387/2023 SULAKSHANA VASANT GADHAVE VERSUS THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD DIST OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 3088 OF 2023 IN FAST/7387/2023 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION VERSUS GORAKH VITHAL KAWADE DIED THROUGH L RS VIJAY SHRIRAM KAWADE AND OTHERS WITH CIVIL APPLICATION NO. 3089 OF 2023 IN FAST/7387/2023 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION VERSUS GORAKH VITHAL KAWADE DIED THROUGH L RS VIJAY SHRIRAM KAWADE AND OTHERS … Mr. V. S. Undre, Advocate for the Applicant Mr. S. B. Patil, Advocate for respondent no.1 … ( 2 ) 953 CA 3160 OF 2025 CORAM : AJIT B. KADETHANKAR, J. DATE : 23.09.2025 PER COURT :- 1. Mr. Undre, learned counsel for the applicant placed on record copies of the order dated 9th June 2023 passed by this Court in Civil Application No.6439 of 2023 in FA/4272/2022 (with connected matters), 26th July 2023 passed by this Court in Civil Application No.2343 of 2023 in FA/2596/2021 (with connected matters) and 25th September 2023, passed by this Court in Civil Application No.11555 of 2023 in FA/3585/2022 (with connected matters). The same are taken on record and marked as ‘X1’, ‘X2’ and ‘X3’ respectively for identification purposes). 2. Mr. Undre further submits that the cited matters arise out of the same land acquisition proceedings and the same land acquisition notification/award which is the subject matter of the present appeals as well. He also submits that the objections raised in the cited appeals (vide the aforementioned orders) and those raised in the present appeals by the acquiring body are identical, and that both the appellant and the acquiring body are the same. He further submits that in the cited orders, after hearing the acquiring body and other concerned parties, this Court permitted the applicants therein to withdraw 75% of the deposited compensation amount ( 3 ) 953 CA 3160 OF 2025 upon furnishing a usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court, and the remaining 25% upon furnishing solvent security to the satisfaction of the learned Registrar (Judicial). In light of this, Mr. Undre prays that the withdrawal applications in the present case be allowed in the same manner. 3. Mr. S. B. Patil, learned counsel for the acquiring body seeks time to verify the factual position as to whether the cited orders arise out of the same land acquisitions proceedings and land acquisition notification/award. 4. Post this matter on 30.09.2025. [AJIT B. KADETHANKAR, J.] PRW