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Bombay High Court

ASHOK GABA PATIL AND ORSversusTHE SPECIAL LAND ACQUISITION OFFICER (1) JALGAON AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the claimants to withdraw Rs.45 lakhs from the deposited amount, subject to a standard undertaking, and ordered the balance to be kept in a fixed deposit.

Summary

The claimants, Ashok Gaba Patil and others, filed a civil application seeking permission to withdraw a portion of the sum deposited by the Special Land Acquisition Officer in the court. They relied on earlier orders in related applications where the court had allowed withdrawal of 60% and 75% of deposited amounts in similar land acquisition matters. The acquiring body contended that it had already deposited Rs.19,28,848 (22%) which was withdrawn, and subsequently deposited Rs.68,38,644. The court considered the purpose of the application and the interest of justice, and decided that allowing a withdrawal of Rs.45 lakhs would be appropriate. Accordingly, the applicants were permitted to withdraw Rs.45 lakhs in lump sum, subject to furnishing a standard undertaking, with the balance to be kept in a fixed deposit without interest. The application was therefore allowed partially.

Issues considered

  • What extent of the amount deposited by the acquiring body may be withdrawn by the claimants under the court's discretion?

Subjects

  • land acquisition
  • deposit withdrawal
  • civil application
  • court order
  • partial relief
  • fixed deposit
  • interest

Judgment

                                                       12-sr915.CA.4960.2026


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                 915 CIVIL APPLICATION NO. 4960 OF 2026
                             IN FA/3881/2022

                       Ashok Gaba Patil And Ors
                               VERSUS
        The Special Land Acquisition Officer (1) Jalgaon And Ors.

                                  ----
Mr.A.B.Kale, Advocate for applicants
Mr.A.V.Lavate, AGP for respondent no.1
Mr.A.D.Pawar, Advocate for respondent no.2
                                  ----

                                   WITH
                    CIVIL APPLICATION NO.3658 OF 2022
                                    IN
                   FIRST APPEAL [ST] NO.28961 OF 2021
                                    ….

                           CORAM :      AJIT B. KADETHANKAR, J.
                           DATE  :      SEPTEMBER 09, 2026

ORDER :-

              This Civil Application is filed by the claimants seeking

permission to withdraw the amount deposited by the acquiring body in

this court.


2.            Learned advocate for the applicants/claimants is relying on

the order dated 09.07.2026 passed by this court in Civil Application

No.4961 of 2026 in First Appeal No. 3617 of 2022. It is submitted that

the said appeal is also in respect of the present claimants’ another land
                                       2                      12-sr915.CA.4960



which was part of the same land acquisition award which is the

subject matter of the present First Appeal. The order depicts that in

that matter this court allowed withdrawal of 60% of the amount

deposited by the acquiring body in this court. Reference to another

matter is also found in the said order at paragraph 4 (Civil

Application No.4393 of 2026 decided on 01.07.2026) wherein

withdrawal to the extent of 75% was permitted.


3.          Learned advocate for the acquiring body would submit

that the acquiring body has earlier deposited Rs.19,28,848/- (22%) in

the reference court.      It is submitted that the said amount was

withdrawn by the claimants.       Thereafter, the acquiring body has

deposited Rs.68,38,644/- in this court.


4.          In my view the, purpose of filing this application and

interest   of   justice   could   be       served   by   permitting     the

applicants/claimants to withdraw an amount of Rs.45 Lakhs out of

the amount deposited by the acquiring body in this court.


5.          The applicants are permitted to withdraw Rs.45 Lakhs

subject to furnishing usual undertaking to the satisfaction of learned

Registrar (Judicial) of this court. It is clarified that the the permitted

amount is in lump-sum and will not carry any interest. The balance
                                     3                  12-sr915.CA.4960



amount be deposited in Fixed Deposit in a nationalised bank. Civil

Application stands allowed partly.



in C.A. No.3658 of 2022 [for grant of stay]


6.         Call Record and Proceedings. Stand over to 21.10.2026.




                                 [AJIT B. KADETHANKAR, J.]
                               ………..


KBP


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