Bombay High Court

TUKARAM TATYA RAUT DECEASED and Sakharbai Tukaram Raut died THROUGH LRS BAPU Tukaram Raut AND ORSversusThe Executive Engineer Kukadi Prakalp Vibhag Shrigonda

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the applicants to withdraw their proportionate share of the 13% amount deposited by the acquiring body.

Summary

The applicants filed civil applications seeking to withdraw their share of an amount deposited by the acquiring body. The High Court had earlier directed the acquiring body to deposit 50% of the total amount awarded, but only 13% of that amount was actually deposited. The applicants requested to withdraw their proportionate share from the deposited amount. Citing a prior decision where claimants were permitted to withdraw the same 13% without conditions, the Court allowed the applicants to withdraw their proportionate share of the 13% deposited. The application was granted as per prayer clause ‘B’ and the civil application was disposed.

Issues considered

Whether the applicants are entitled to withdraw their proportionate share of the amount deposited by the acquiring body

Subjects

withdrawal of share
deposit
acquiring body
proportionate share
civil application
High Court

Judgment

2026:BHC-AUG:40841


                                                1                      1033.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                        1033 CIVIL APPLICATION NO. 10040 OF 2026
                                      IN FA/2312/2026
                                          WITH
                          CIVIL APPLICATION NO. 10042 OF 2026
                                     IN FAST/6010/2024
                                          WITH
                          CIVIL APPLICATION NO. 10121 OF 2026
                                      IN FA/2331/2026
                 TUKARAM TATYA RAUT DECEASED AND SAKHARBAI
              TUKARAM RAUT DIED THROUGH LRS BAPU TUKARAM RAUT
                                         AND ORS
                                          VERSUS
                THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
                                      SHRIGONDA
                                             …
                  Advocate for Applicants : Mr. Shivnath Dattatray Bhagwat
                   Advocate for Respondent No. 1 : Mr. Avishkar S. Shelke
                     AGP for Respondent No. 2 : Ms. Vaishali Chaudhari
                                             …

                                     CORAM : MANJUSHA DESHPANDE, J.
                                     DATE : 03rd SEPTEMBER, 2026


              PER COURT :

              1.          These Applications are filed for withdrawal of amount by

              the Applicants.


              2.          This Court had directed the acquiring body to deposit 50%

              of the total amount under the impugned judgment and award.

              Accordingly, the acquiring body has deposited only 13 % of the
                                   2                        1033.odt


50% amount directed by this Court. The Applicants have made the

prayers to withdraw their shares from the amount deposited by the

acquiring body.


3.          In similar situation, this Court has allowed the Claimants to

withdraw 13% of the amount i.e. deposited by the acquiring body without

imposing any condition.


4.          In view thereof, the Applications are allowed to withdraw

proportionate amount of his share from the 13% of the amount i.e.

deposited by the acquiring body.


5.          The Application is allowed in terms of prayer clause ‘B’.


6.          Civil Application stands disposed of.




                                   ( MANJUSHA DESHPANDE, J. )




SPC

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