Nilkanth Devappa Sangave vs the Executive Engineer — Bombay HC (2026) — LawSathi Research

Nilkanth Devappa Sangave vs the Executive Engineer — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant permitted to receive 50% of the deposited amount with accrued interest on furnishing an undertaking, and the remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security, in each case to the satisfaction of the learned Registrar (Judicial) of this Court; First Appeal No.3298 of 2025 segregated from the other connected matters as they are not from the same acquisition process.

Issue for consideration

Whether the applicant-claimant should be permitted to withdraw the amount of Rs.2,50,481/- deposited by the acquiring body, and on what conditions. +1 more

Court's answer

The Court followed the course adopted in its order dated 06.10.2025 in similarly situated matters, permitting the claimant to receive the deposited amount subject to conditions.

Ratio / Principle

The Civil Application is allowed partly: the applicant is permitted to receive 50% of the deposited amount with accrued interest on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial).

Key takeaways

The applicant is further permitted to receive the remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.ratio¶41
First Appeal No.3298 of 2025 shall be segregated from the other connected matters because those matters are not from the same acquisition process.ratio¶42

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Shailesh P. Brahme, J., order dated 03.02.2026 in Civil Application No. 1380 of 2026 in First Appeal No. 3298 of 2025 (Nilkanth Devappa Sangave v. The Executive Engineer): the claimant's application for withdrawal of Rs.2,50,481/- deposited by the acquiring body was allowed in part, following the Court's earlier order dated 06.10.2025 in similarly situated matters. The applicant was permitted to receive 50% of the deposited amount with accrued interest on furnishing an undertaking, and the remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security, each to the satisfaction of the learned Registrar (Judicial). First Appeal No. 3298 of 2025 was directed to be segregated from the other connected matters (civil applications in FA/36, FA/37 and FA/38 of 2026 between the Ex. Engineer, Irrigation Strengthening Department K.K.D.C., Omerga and Fulchand, Laxman and Bhalchandra Apparao Mandale) because those matters are not from the same acquisition process.

( 1 ) 59 CA 1380 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

59 CIVIL APPLICATION NO. 1380 OF 2026 IN FA/3298/2025

NILKANTH DEVAPPA SANGAVE

VERSUS

THE EXECUTIVE ENGINEER

WITH

CIVIL APPLICATION NO. 12621 OF 2023

IN FA/37/2026

WITH

CIVIL APPLICATION NO. 209 OF 2021

IN FA/37/2026

THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT K.K.D.C.

OMERGA

VERSUS

FULCHAND APPARAO MANDALE AND ORS WITH

CIVIL APPLICATION NO. 203 OF 2021

IN FA/36/2026

WITH

CIVIL APPLICATION NO. 12622 OF 2023 IN FA/36/2026

THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT K.K.D.C.

OMERGA

VERSUS

LAXMAN APPARAO MANDALE AND ORS

WITH

CIVIL APPLICATION NO. 12625 OF 2023

IN FA/38/2026 WITH

CIVIL APPLICATION NO. 201 OF 2021

IN FA/38/2026

THE EX. ENGINEER, IRRIGATION STRENGTHENING DEPARTMENT

K.K.D.C.OMERGA

VERSUS

BHALCHANDRA APPARAO MANDALE AND ORS

( 2 )

59 CA 1380 OF 2026

Mr. R. V. Naiknavare, Advocate for Claimant Mr. S. V. Hange, AGP for Respondent/s-State Mr. A. H. Korhalkar, Advocate for Respondent No.1/Acquiring body

CORAM : SHAILESH P. BRAHME, J. DATE : 03.02.2026

PER COURT :-

. Applicant seeks withdrawal of amount of Rs.2,50,481/- deposited by the acquiring body. In similarly situated matters, this Court permitted the claimants to receive the deposited amount on certain conditions. I propose to follow the same course as is done in order dated 06.10.2025.

Civil Application is allowed partly permitting the applicant to

receive 50% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) and remaining 25% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

First Appeal No.3298 of 2025 shall be segregated from other

matters because those are not from the same acquisition process.

( SHAILESH P. BRAHME, J. )

PRW