Bombay High Court
Kamlakar Achutrao Dhakne And ... vs The Ex. Engineer, Beed Irrigation ... on 28 June, 2022
Bench: S. G. Dige
1 943- C.A. No. 11519-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11519 OF 2021
IN FIRST APPEAL NO. 1061 OF 2019
KASHINATH KARBHARI TOGE DIED
THR.LRS BHAUSAHEB AND OTHERS
VERSUS
THE EX. ENGINEEER, BEED IRRIGATION
DIVISION AND ANOTHER
WITH
CIVIL APPLICATION NO. 11510 OF 2021
IN FIRST APPEAL 1066 OF 2019
KAMLAKAR ACHUTRAO DHAKNE
AND ANOTHER
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
CIVIL APPLICATION NO. 11511 OF 2021
IN FIRST APPEAL NO. 1050 OF 2019
SUKHDEO MOTIRAM DETE
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
CIVIL APPLICATION NO. 11512 OF 2021
IN FIRST APPEAL NO. 1063 OF 2019
KISAN DEORAO DETE (DIED) PRAKASH
PRACHAND DETE
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
CIVIL APPLICATION NO. 11513 OF 2021
IN FIRST APPEAL NO. 1058 OF 2019
::: Uploaded on - 30/06/2022 ::: Downloaded on - 01/07/2022 01:27:57 :::
2 943- C.A. No. 11519-2021.odt
MAHADEO PANDHARINATH MUNDE
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
CIVIL APPLICATION NO. 11514 OF 2021
IN FIRST APPEAL 1060 OF 2019
MANDABAI JAYWANTA MUNDE AND OTHERS
VERSUS
THE EX. ENGINEER, BEED IRRIGATION DIVISION,
BEED AND ANOTHER
WITH
CIVIL APPLICATION NO. 11515 OF 2021
IN FIRST APPEAL NO. 1068 OF 2019
DNYANOBA YOGIRAJ KHANORE (DIED)
THROUGH LRS. LATABAI DNYANOBA
KHANORE AND ANOTHER
VERSUS
THE EX. ENGINEER BEED IRRIGATION
DIVISION, BEED AND ANOTHER
WITH
CIVIL APPLICATION NO. 11516 OF 2021
IN FIRST APPEAL 1062 OF 2019
SHAIKH BABIN SHAIKH CHAND (DIED)
THR LRS SHAIKH NADU SHAIKH BIBAN
AND OTHERS
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
CIVIL APPLICATION NO. 11517 OF 2021
IN FIRST APPEAL 1064 OF 2019
TRIMBAK GOVINDRAO KEKAN
AND OTHERS
VERSUS
THE EXECUTIVE ENGINEER, BEED
IRRIGATION DIVISION, BEED AND
ANOTHER
WITH
::: Uploaded on - 30/06/2022 ::: Downloaded on - 01/07/2022 01:27:57 :::
3 943- C.A. No. 11519-2021.odt
CIVIL APPLICATION NO. 11518 OF 2021
IN FIRST APPEAL 1065 OF 2019
....
Advocate for the Applicant : Mr. S.E. Shekade
Advocate for Respondent No.1 : Mr. M.C. Swami
AGP for Respondent State : Mr. S. S. Dande
....
CORAM : S. G. DIGE, J.
DATE : 28.06.2022
PER COURT :-
Heard learned counsel for the applicant, learned
A.G.P and learned counsel appearing for respondent.
2. Learned counsel for the applicant submits that
respondent No.1 has acquired the land of applicant for minor
irrigation tank. The learned reference Court allowed the
reference fled by the applicant and directed to pay enhanced
compensation amount. Respondent No.1 was directed to
deposit entire amount by this Court. Respondent No.1 has
deposited 50% amount before this Court. The applicant
withdrew 25% amount out of 50% amount. The applicant are
poor agriculturist and are in need of fnancial assistance. The
only source of livelihood and income was agricultural land which
is acquired by respondent No.1. The applicants are in need of
amount for daily expenses, for education purpose and for
medical purpose of family members hence request to permit to
::: Uploaded on - 30/06/2022 ::: Downloaded on - 01/07/2022 01:27:57 :::
4 943- C.A. No. 11519-2021.odt
withdraw the entire deposited amount.
3. Learned counsel for respondent No.1 submits that
the learned reference Court has given twenty times more
amount which is disputed by respondent No.1 in appeal. The
learned reference Court while granting 20 times more amount
has not considered the evidence on record. If applicants are
allowed to withdraw entire amount and respondent No.1
succeed in the appeal then it will be difcult for the respondent
No.1 to recover the amount. Hence requested to dismiss the
application.
4. I have heard both the learned counsel. Admittedly
the lands of the applicants are acquired in the year 1996. The
source of earning of the applicant was land which was acquired
by respondent No.1. The learned reference Court has passed
Judgment and award directing respondent No.1 to pay the
compensation to the applicant. Thereafter application for
enhancement of compensation amount was fled by the
applicant which was allowed by the learned reference Court.
Respondent No.1 is disputing about the quantum of amount
awarded to the applicant. In my view, it can be considered at
the time of fnal hearing of the appeal but till then the applicant
::: Uploaded on - 30/06/2022 ::: Downloaded on - 01/07/2022 01:27:57 :::
5 943- C.A. No. 11519-2021.odt
cannot be deprived from getting compensation for which they
are entitled. The applicant can allow to withdraw 25% of the
amount of the entire deposited amount. It is make it clear that
applicant shall not fle any further application for withdrawal of
amount. Hence I pass the following order :
ORDER
(I) Application is allowed.
(ii) The applicants are permitted to withdraw 25% of
deposited amount.
(iii) Applicant shall furnish solvent surety at the time of
withdrawal of amount.
Civil Application is accordingly disposed of.
( S.G. DIGE,)
JUDGE
ysk
