Bombay High Court
APPARAO BALWANT SABALE DIED THR LRS GOVERDHAN APPARAO SABALEversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court allowed the withdrawal of 75% of the deposited amount on furnishing a usual undertaking and the remaining 25% on furnishing a solvent surety, following the earlier judgments.
Summary
The petitioners, who are claimants in land‑acquisition proceedings, applied to the High Court for permission to withdraw the amount deposited by the acquiring body pursuant to an award of the Reference Court. They sought to withdraw 75% of the deposited sum on furnishing a standard undertaking and the remaining 25% on furnishing a solvent surety, relying on two earlier judgments where similar orders were granted. The State, represented by its Attorney‑General, accepted that the earlier orders concerned the same acquisition and notification. The Court, after considering the precedent, allowed the withdrawal on the same terms—75% on undertaking and 25% on surety—subject to satisfaction of the Registrar (Judicial). The civil applications were consequently disposed of.
Issues considered
- Whether the petitioners are entitled to withdraw the amount deposited by the acquiring body in land‑acquisition cases on the basis of a standard undertaking and a surety, following the precedent set in earlier similar cases.
Subjects
- land acquisition
- withdrawal of deposited amount
- surety
- undertaking
- precedent
- civil application
Judgment
2026:BHC-AUG:25628
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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