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Bombay High Court

MADHUKAR MAHADAPPA SARANE.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permitted withdrawal of 60% of the deposited award upon an undertaking and a further 20% upon satisfactory security, with interest, and dismissed the intervenor’s application as withdrawn.

Summary

The acquiring body appealed a 2014 land acquisition award and deposited 80% of the award amount in the High Court as a condition for a stay. The original claimant, Madhukar Mahadappa Sarane, filed a civil application seeking withdrawal of the deposited sum. The Court allowed a partial withdrawal: 60% could be withdrawn upon furnishing an undertaking, and a further 20% could be withdrawn upon providing satisfactory security, both with accrued interest. A sister of the claimant filed a separate civil application claiming a one‑fourth share of the award based on a settlement deed; the Court accepted the deed as true and dismissed the application as withdrawn. Consequently, the first civil application was partly allowed and the second was dismissed.

Issues considered

  • What extent may a claimant withdraw a deposited award amount pending appeal in land acquisition proceedings?
  • What conditions (undertaking, security) are required for such withdrawal?
  • Does an intervenor have a right to claim a share of the award based on a settlement deed?
  • Is the intervenor's application maintainable after settlement?

Subjects

  • land acquisition
  • withdrawal of award
  • settlement deed
  • civil application
  • interest
  • security
  • high court

Judgment

2026:BHC-AUG:41258



                                                    1
                                                                  929-ca-13164-2025

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  CIVIL APPLICATION NO. 13164 OF 2025
                                             IN FA/3016/2021

                                     Madhukar Mahadappa Sarane.
                                               VERSUS
                           The State Of Maharashtra, Through The Collector,
                                          Osmanabad And Ors.
                                                   ...
                     Mr. M. D. Shinde, Advocate for Applicant
                     Mr. S. P. Sonpawale, AGP for Respondent-State
                     Mr. S. G. Bhalerao, Advocate for Respondent no.3
                                                   ...
                                                 WITH
                                   FIRST APPEAL NO. 3016 OF 2021
                                                 WITH
                                CIVIL APPLICATION NO. 13259 OF 2025
                                           IN FA/3016/2021
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                           DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 13164 OF 2025

                     .         Feeling aggrieved by the judgment and award dated

                     20.11.2014 passed by the learned Civil Judge, Senior Division,

                     Omerga, in Land Acquisition Reference No. 860 of 2009 (Old

                     L.A.R. No.12 of 2008), the Acquiring Body has filed the

                     present First Appeal before this Court.
                               2
                                               929-ca-13164-2025

2.    While seeking stay to the execution and operation of the

impugned     judgment   and    award,   the   Acquiring   Body

undertook to deposit 80% of the award amount. Pursuant to

the order passed by this Court, the acquiring body has

deposited the award amount in this Court.

3.    Now, this application is filed by the claimant seeking

withdrawal of the said amount.

4.    Mr. M. S. Shinde, learned Advocate for the applicant-

claimant, relies upon an order dated 17.11.2025 passed by

this Court in Civil Application No.12485 of 2025 in First

Appeal No. 030 of 2021 wherein this Court has permitted the

applicant to withdraw 80% of the amount. He would submit

that the application be allowed in terms of prayer clause “B”

of the application.

5.    Mr. S. G. Bhalerao, learned Advocate for the Acquiring

Body, would fairly submit that the cited order arises out of the

same land acquisition proceedings and prays to pass

appropriate order.

                            ORDER

      a.    Civil Application stands partly allowed.
                                 3
                                                929-ca-13164-2025

      b.    The applicant is permitted to withdraw
      60% of the deposited amount with accrued
      interest by furnishing an undertaking to the
      learned Registrar (Judicial) of this Court.
      c.     The applicants are also permitted to
      withdraw further 20% of the amount on
      furnishing solvent security to the satisfaction of
      the learned Registrar (Judicial) of this Court.
      d.     Needless to mention, the withdrawal shall
      carry interest accrued theron.
      d.     Civil Application stands disposed of.

CIVIL APPLICATION NO. 13259 OF 2025

.     The Civil Application No.13259 of 2025 is filed by sister

of   the   original   claimant   seeking   intervention   in   the

proceedings and claiming her share in the award amount.

2.    Mr. A. M. Reddy, learned Advocate representing the

intervener has placed on record a copy of the consent

deed/settlement deed executed between the original claimant-

Madhukar Mahadappa Sarane and the intervener Shantabai

Apparao Patil.

3.    It appears that both the parties have settled the

controversy inter se and the claimant Madhukar has agreed to

give one-fourth (1/4th) share to the intervener Shantabai.

4.    Mr. M. D. Shinde, learned Advocate for the original

claimant and applicant in Civil Application No.13164 of 2025,
                                4
                                                929-ca-13164-2025

on instructions concedes with the said submissions. He

unequivocally admits that his client has given instructions to

him that the contents of the said Sammati Patra/ consent deed

are true and correct.

5.      Copy of the said document is taken on record and

marked as “Annexure-X” for identification purpose.

6.      In terms of this, Mr. A. M. Reddy, learned Advocate for

the applicant in Civil Application No.13259 of 2025 seeks

leave to withdraw the present application.

7.      The application stands dismissed as withdrawn.



FIRST APPEAL NO.3016 OF 2021

.       Issue notice to the respondents. Mr. M. D. shinde,

learned Advocate waives service of notice for respondent no.1.

Learned AGP waives service of notice for respondent nos.2

and 3.

2.      Call for record and proceedings.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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