91 fa 839-2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR FIRST APPEAL NO. 839 OF 2026 Executive Engineer, Buldhana Irrigation Division, Buldhana VERSUS Gajanan S/o Shriram Adrat And Others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri J.B. Kasat, Advocate for appellant Shri K.J. Tople, Advocate for respondent No.1 Shri S.C. Joshi, AGP for respondents/State CORAM : PRAVIN S. PATIL, J. DATE : 07.10.2026 1. Heard. 2. Admit. 3. Call for the record and proceedings. 4. Appellant is permitted to file the private paper book within a period of twelve weeks. 5. Learned AGP waived notice for respondent Nos.2 and 3/State. CIVIL APPLICATION (CAF) NO.1030 OF 2026 1. By the present application, the respondent-claimant seeks permission to withdraw the amount deposited by the appellant before this Court, along with the accrued interest thereon. 2. The learned counsel for the appellant has strongly opposed the application. According to the appellant, having 91 fa 839-2026.odt 2 regard to the nature of the grievance raised in the appeal and the amount deposited before this Court, it would not be appropriate to permit withdrawal of the entire amount by the respondent-claimant. It is submitted that if the entire amount is permitted to be withdrawn, the appeal would become infructuous and nothing substantial would remain to be adjudicated. 3. The learned counsel for the respondent-claimant submits that the acquired land had considerable potentiality and, therefore, the Reference Court has rightly awarded appropriate compensation. He further submits that since the land has been compulsorily acquired, the respondent- claimant is in need of the compensation amount. 4. Having considered the rival submissions and the facts of the case, the respondent-claimant is permitted to withdraw 50% of the amount deposited by the appellant before this Court, along with the proportionate accrued interest thereon. Out of the said 50% amount, 25% amount shall be released upon the respondent-claimant furnishing a usual undertaking, and the remaining 25% amount shall be released upon furnishing a solvent surety to the satisfaction of the Registrar (Judicial). 5. The application stands disposed of. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 08/10/2026 14:48:17