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Bombay High Court

ABHIMAN MANIK GAIKWADversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the petitioners may withdraw 75% of the deposited amount upon furnishing an undertaking and the remaining 25% upon furnishing a solvent surety or security, in line with earlier decisions.

Summary

The petitioners, a group of land owners, filed civil applications seeking permission to withdraw amounts deposited by the acquiring body pursuant to a land acquisition award. They requested to withdraw 75% of the deposited sum upon furnishing a standard undertaking and the remaining 25% upon providing a solvent surety or security. The court examined whether it could follow the procedure adopted in earlier similar cases. Relying on the judgments in Jalindhar Bapu Padulkar v. State of Maharashtra (2025) and Vasudeo Mahadeo Miskin v. State of Maharashtra (2026), the court found that the same conditions were appropriate. Consequently, the court allowed the applications, directing the Registrar (Judicial) to accept the undertaking for the first portion and the surety for the balance, with accrued interest payable. The civil applications were thereafter disposed of.

Issues considered

  • Whether the petitioners are entitled to withdraw the amount deposited by the acquiring body under the award.
  • Whether the court may condition the withdrawal of 75% of the amount on an undertaking and the remaining 25% on a solvent surety/security, following prior judgments.

Subjects

  • land acquisition
  • withdrawal of deposit
  • undertaking
  • surety
  • precedent
  • civil application

Judgment

2026:BHC-AUG:25627
                                                                        917 to 920 withdrawal.odt
                                                     (1)


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                917 CIVIL APPLICATION NO. 2406 OF 2026
                                             IN FA/458/2025

                                         Abhiman Manik Gaikwad
                                                  VERSUS
                        The State Of Maharashtra Through Collector Osmanabad At
                                                 Osmanabad
                                                     ...
                     Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S.
                                AGP for Respondent/State : Mr. K.S.H. Patil
                           Advocate for Respondent No.3 : Mr. Chetan T. Jadhav
                                                     ...
                                918 CIVIL APPLICATION NO. 2407 OF 2026
                                            IN FAST/32441/2024

                      Apparao Balwant Sabale Died Thr Lrs Goverdhan Apparao Sabale
                                                  VERSUS
                        The State Of Maharashtra Through Collector Osmanabad At
                                                 Osmanabad
                                                     ...
                     Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S.
                               AGP for Respondent/State : Mr. S.P. Sonpawale
                          Advocate for Respondent No.3 : Ms. Snehal P. Kulkarni
                                                     ...
                                919 CIVIL APPLICATION NO. 2423 OF 2026
                                            IN FAST/32433/2024
                                         Surendra Ambadas Narsale
                                                  VERSUS
                        The State Of Maharashtra Through Collector Osmanabad At
                                                 Osmanabad
                                                     ...
                     Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S.
                               AGP for Respondent/State : Mrs. P.V. Diggikar
                          Advocate for Respondent No.3 : Ms. Snehal P. Kulkarni
                                                     ...
                                920 CIVIL APPLICATION NO. 2434 OF 2026
                                              IN FA/2621/2025

                                      Shivaji Bhagwan Sutar Jagtap
                                                 VERSUS
                        The State Of Maharashtra Through Collector Osmanabad At
                                               Osmanabad
                                                   ...
                                                       917 to 920 withdrawal.odt
                                   (2)


 Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S.
           AGP for Respondent/State : Ms. R.R. Tandale
Advocate for Respondent No.3 : Ms. Vaishali S. Swami h/f Mr. Mahesh
                               Swami
                                 ...
                            CORAM : S. G. CHAPALGAONKAR, J.

                               DATED : JULY 02, 2026

PER COURT :-

1.          The applicants seek permission to withdraw amount

deposited by acquiring body in pursuance to award passed by

Reference Court.

2.          Learned advocate appearing for applicants submits that

in sister appeals, applicants are permitted to withdraw 75% of

amount deposited by Reference Court on furnishing undertaking and

balance 25% is permitted to be withdrawn on furnishing solvent

surety/security to satisfaction of Registrar (Judicial) of this Court. He

would urge to adopt same course in present case. Reliance is placed

on order dated 23.12.2025 passed in Civil Application No.5298 of

2025 in case of Jalindhar Bapu Padulkar Vs. The State of Maharashtra

and order dated 25.06.2026 passed in Civil Application No.2422 of

2026 in case of Vasudeo Mahadeo Miskin Versus The State Of

Maharashtra.

3.          Learned advocate appearing on behalf of acquiring body

on verification of order accepts that orders relied by applicants are

pertaining to same acquisition arising out of same notification.
                                                         917 to 920 withdrawal.odt
                                      (3)


4.           In that view of matter, this Court deems it appropriate to

follow same course. Hence, civil applications are allowed. The

applicants are permitted to withdraw 75% of amount deposited with

accrued interest on furnishing usual undertaking to satisfaction of

Registrar (Judicial) of this Court. In addition, applicants are also

permitted to withdraw 25% of amount deposited with accrued

interest on furnishing solvent surety/security to satisfaction of

Registrar (Judicial) of this Court.

5.           Civil Applications stand disposed of.




                                            (S.G. CHAPALGAONKAR, J.)




Mujaheed//


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