Bombay High Court

LAXMAN SOPAN LOHARversusThe State of Maharashtra Through the Collector Osmanabad

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the withdrawal of the deposited amount in specified proportions (50% with interest upon undertaking, 25% with surety, and 25% to be kept in fixed deposit).

Summary

The applicant filed a civil application seeking withdrawal of the amount deposited by the acquiring body pursuant to a court order dated 25.11.2025. The applicant claimed parity with other claimants in Civil Application No. 7805 of 2026, who were allowed to withdraw 75% of the deposited sum. The acquiring body opposed the prayer. The Court allowed the application, directing that 50% of the amount may be withdrawn with accrued interest upon furnishing a standard undertaking, another 25% may be withdrawn upon furnishing a satisfactory solvent surety, and the remaining 25% be kept in a fixed deposit in a nationalized bank. The Court ordered the remaining amount to be removed from time to time and disposed of the civil application.

Issues considered

Whether the applicant is entitled to withdraw the same proportion (75%) of the amount deposited by the acquiring body as granted to other claimants in a related civil application.

Subjects

civil application
withdrawal of deposited amount
parity
surety
fixed deposit
interest

Judgment

                             1                    1069-CA.11115-26.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

         1069 CIVIL APPLICATION NO. 11115 OF 2026
                      IN FA/2559/2026
               LAXMAN SOPAN LOHAR
                     VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                   OSMANABAD

                               ...
         Advocate for Applicant : Mr. Patil Laxmikant C
      AGP for Respondent/s-State : Ms. Dr. Kalpalata Patil
                        Bharaswadkar.
     Advocate for Respective Respondent/s : Mr. Madhav. N.
                Kalyane h/f Mr. Gulab B. Rajale.
                               ...

                       CORAM : MANJUSHA A. DESHPANDE, J.
                       DATE : 24.09.2026

PER COURT :-


1.     This civil application is filed for withdrawal of amount

deposited by the acquiring body as directed by this Court by

order dated 25.11.2025.          The amount is deposited by the

acquiring body. The applicant is seeking parity with the other

claimants in Civil Application No.7805 of 2026 wherein this

Court had permitted the claimants to withdraw 75% of the

amount deposited by the acquiring body.


2.     Learned advocate for the acquiring body opposes the

prayer made by the applicant. Considering the parity claimed

by the applicant, civil application is allowed.
                             2                  1069-CA.11115-26.odt


3.      The applicants are permitted to withdraw 50% of the

amount with accrued interest on furnishing usual undertaking

to the Registrar (Judicial) of this Court and 25% is permitted

to be withdrawn on furnishing solvent surety/security to the

satisfaction of the Registrar (Judicial) of this Court. The

remaining 25% shall be invested in fixed deposit in any

nationalized bank which shall be removed from time to time.


4.      Civil application stands disposed of.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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