Bombay High Court
SHANTABAI APPARAO PATILversusMADHUKAR MAHADAPPA SARANE AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permitted withdrawal of 60% of the deposited award with interest upon an undertaking and allowed the remaining 20% upon satisfactory security, while dismissing the intervenor's application as withdrawn.
Summary
The acquiring body deposited 80% of a land acquisition award after a stay order, and the original claimant sought to withdraw the amount. The court, referencing an earlier order permitting withdrawal, allowed the claimant to withdraw 60% of the deposited sum with accrued interest upon furnishing an undertaking, and permitted withdrawal of a further 20% upon providing satisfactory security. The court also noted that the withdrawal would carry interest. A separate civil application filed by the claimant's sister, seeking a share of the award based on a settlement deed granting her one‑fourth of the amount, was dismissed as withdrawn after the original claimant confirmed the deed's authenticity. The applications were thus partially allowed for the withdrawal and dismissed for the intervenor's claim.
Issues considered
- What portion of the deposited award amount may the claimant withdraw and under what conditions?
- Whether the intervenor, based on a settlement deed, is entitled to a share of the award and can proceed with a separate application.
Subjects
- land acquisition
- award withdrawal
- settlement deed
- civil application
- interest
- security
- intervenor
- consent deed
Judgment
2026:BHC-AUG:41259
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.
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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.
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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,
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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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