Bombay High Court
SURENDRA AMBADAS NARSALEversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court allowed withdrawal of 75% of the deposited amount on furnishing a usual undertaking and the remaining 25% on furnishing a solvent surety, both with accrued interest.
Summary
The petitioners, who are claimants in land‑acquisition proceedings, applied to the High Court seeking permission to withdraw the amount deposited by the acquiring body pursuant to an award of the Reference Court. They argued that, in similar sister appeals, the Court had allowed withdrawal of 75% of the deposited sum on furnishing a standard undertaking and the remaining 25% on furnishing a solvent surety or security. The petitioners relied on two earlier orders: Jalindhar Bapu Padulkar v. State of Maharashtra (Civil Application No. 5298 of 2025) and Vasudeo Mahadeo Miskin v. State of Maharashtra (Civil Application No. 2422 of 2026). The acquiring body accepted that those orders dealt with the same acquisition and notification. The Court, agreeing with the precedent, ordered that the petitioners may withdraw 75% of the deposited amount with accrued interest upon giving a usual undertaking, and the balance 25% with accrued interest upon furnishing a satisfactory surety, and disposed of the applications.
Issues considered
- The permissibility of withdrawing the amount deposited by the acquiring body in land‑acquisition cases
- The conditions (percentage, undertaking, surety) applicable to such withdrawal
Subjects
- land acquisition
- withdrawal of deposited amount
- surety
- undertaking
- civil application
- reference court
- interest
Judgment
2026:BHC-AUG:25629
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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