Bombay High Court
Amo Shahaji PatilversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The applicants are entitled to withdraw 75% of the deposited amount subject to specified undertakings and surety, with the remaining 25% to be invested in a nationalised bank.
Summary
The petitioners, Rahul Shahaji Patil and Amo Shahaji Patil, filed civil applications seeking the withdrawal of an amount deposited by the Acquiring Body as ordered by this Court on 29 August 2026. The Court examined whether the applicants were entitled to withdraw the deposited sum and under what conditions. It held that the applicants could withdraw 50% of the amount, together with accrued interest, upon furnishing a standard undertaking to the Judicial Registrar. Additionally, a further 25% could be withdrawn, with accrued interest, upon furnishing a solvent surety satisfactory to the Registrar. The balance of the deposited amount was ordered to be invested in a nationalised bank for an appropriate period, and the applications were disposed of.
Issues considered
- What entitlement do the applicants have to withdraw the amount deposited by the Acquiring Body?
- What conditions must be satisfied for the withdrawal of the deposited amount?
Subjects
- withdrawal of deposit
- surety
- interest
- civil application
- court order
- investment
- nationalised bank
Judgment
2026:BHC-AUG:41469
1 932-CA-10186-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
932 CIVIL APPLICATION NO. 10186 OF 2026
IN FAST/32735/2025
Rahul Shahaji Patil
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
WITH
CIVIL APPLICATION NO. 10187 OF 2026
IN FAST/32732/2025
Amo Shahaji Patil
VERSUS
The State Of Maharashtra Through Collector Osmanabad At Osmanabad
...
Mr.Madhav Jadhav h/f Mr.Abhijit More for the Applicants.
Ms.Preeti Diggikar, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 04.09.2026
PER COURT :
1. These two Applications are filed seeking withdrawal of the
amount deposited by the Acquiring Body. Pursuant to the order passed by
this Court, the entire amount has been deposited on 29th August, 2026.
2. The Applicants shall be entitled to withdraw 50% of the
amount, along with accrued interest, upon furnishing the usual
undertaking to the Registrar (Judicial) of this Court.
3. The Applicants shall also be entitled to withdraw 25% of the
amount, along with accrued interest, upon furnishing solvent surety to
the satisfaction of the Registrar (Judicial).
Sunny Thote
2 932-CA-10186-2026.odt
4. The remaining amount shall be invested in a Nationalised
Bank for an appropriate period.
5. In view thereof, Civil Applications are disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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