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Bombay High Court

Mahadeo Krishana Bhanduge Died Through His Lrs Chandrakala Mahadeo Bhandurge Dead And OthersversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court ordered that the applicants may withdraw 75% of the deposited amount with interest upon furnishing an undertaking, with the remaining amount to be invested in a nationalised bank.

Summary

The applicants, heirs of the deceased Mahadeo Krishana Bhanduge, filed a civil application seeking withdrawal of Rs.10,48,261 deposited by the acquiring body. The court noted a prior order in First Appeal (St.) No.15473 of 2024 allowing a similar withdrawal and, for consistency, ordered the same relief. It permitted the applicants to withdraw 75% of the amount with accrued interest upon furnishing a satisfactory undertaking, directing the balance to be invested in a nationalised bank. The interim relief previously granted was confirmed, and any stay application was disposed of. Thus, the applicants received partial withdrawal rights subject to conditions.

Issues considered

  • Whether the applicants are entitled to withdraw the amount deposited by the acquiring body
  • Whether the withdrawal can be limited to a percentage with conditions such as an undertaking

Subjects

  • withdrawal of deposit
  • acquiring body
  • interim relief
  • undertaking
  • interest
  • investment
  • civil application

Judgment

2026:BHC-AUG:41484
                                                  1                         919-CA-10112-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               919 CIVIL APPLICATION NO. 10112 OF 2026
                                            IN FA/2334/2026

                 Mahadeo Krishana Bhanduge Died Through His Lrs Chandrakala
                             Mahadeo Bhandurge Dead And Others
                                            VERSUS
              The State Of Maharashtra Through Collector Osmanabad At Osmanabad

                                                WITH
                                    FIRST APPEAL NO. 2335 OF 2026

                 The Executive Engineer Seena Kolegaon Medium Project Paranda
                                           Osmanabad
                                            VERSUS
                               Bhimrao Krishna Bhandurge And Ors
                                               ...
             Mr.Madhav Jadhav h/f Mr.More Abhijit for the Applicants.
             Ms.Deepali Jape, AGP for the Respondent/State.
                                               ….

                                      CORAM           : MANJUSHA DESHPANDE, J.
                                      DATE            : 04.09.2026
             PER COURT :


             1.              The Applicants are the original claimants and have filed the

             present Application seeking withdrawal of the amount deposited by the

             Appellant/Acquiring Body. An amount of Rs.10,48,261/- is payable to the

             share of the present Applicants.

             2.              It is brought to notice that, in respect of the brother of the

             Applicant, an order has already been passed by this Court in First Appeal

             (St.) No.15473 of 2024, permitting withdrawal of an amount of

             Rs.10,48,261/-.

             Sunny Thote
                                   2                         919-CA-10112-2026.odt


3.            In view of the aforesaid order and for the sake of consistency,

a similar order is required to be passed in the present Civil Application.

4.            The Applicants are permitted to withdraw an amount of

Rs.10,48,261/- deposited by the Acquiring Body. It is brought to notice

that, in similarly situated matters, this Court has permitted withdrawal of

75% of the amount, with accrued interest, on furnishing an undertaking.

A copy of the order passed in such matter is placed on record. I,

therefore, propose to follow the same course.

5.            Accordingly, the Applicants are permitted to withdraw 75%

of the aforesaid amount, along with the accrued interest, upon furnishing

an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

The remaining amount shall be invested in any Nationalised Bank for an

appropriate period.

6.            In view of the amount deposited by the Acquiring Body

pursuant to the order passed by this Court, the interim relief granted

earlier is hereby confirmed. The Civil Application for stay, if any,

accordingly stands disposed of.



                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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