Bombay High Court

KHANDAPPA SIDDHAPPA DHANGAR (DIED) T/R L.RS. BALBHIM KADANDAPPA DHANGAR @ BALBHIM KHANDU BHALEversusThe State of Maharashtra through Collector, Osmanabad and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The applicants are permitted to withdraw the entire amount deposited by the acquiring body, with accrued interest, upon furnishing a satisfactory undertaking.

Summary

The claimants, heirs of the deceased Khandappa Siddappa Dhangar, filed a civil application seeking to withdraw the amount deposited by the acquiring body in a land‑acquisition proceeding. The acquiring body had deposited 75% of the required amount on 15 July 2025, which was a condition for a stay order previously granted by the Court. The applicants relied on a prior order in Civil Application No. 13210 of 2025, where other claimants from the same project were allowed to withdraw the deposited amount, and argued that they should be treated similarly. The Court held that the applicants are entitled to withdraw the entire amount deposited, subject to furnishing an undertaking and payment of accrued interest. Consequently, the civil application was allowed and disposed of.

Issues considered

Whether the applicants are entitled to withdraw the entire amount deposited by the acquiring body despite only 75% of the amount being deposited
Whether parity with other claimants in the same project justifies withdrawal of the full deposit

Subjects

land acquisition
withdrawal of deposit
parity among claimants
stay order
interest on deposit
civil application

Judgment

2026:BHC-AUG:44786
                                                 1                  1036-CA.5213-26.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                1036 CIVIL APPLICATION NO. 5213 OF 2026
                                             IN FA/853/2025
                            KHANDAPPA SIDDHAPPA DHANGAR (DIED) T/R L.RS.
                          BALBHIM KADANDAPPA DHANGAR @ BALBHIM KHANDU
                                               BHALE
                                              VERSUS
                           THE STATE OF MAHARASHTRA THROUGH COLLECTOR,
                                       OSMANABAD AND OTHERS

                                                      ...
                           Advocate for Applicant : Mr. Praveen Baliram Rakhunde.
                                AGP for Respondent/s-State : Mr. K. S. Patil.
                            Advocate for Respective Respondent/s : Ms. Prachi B.
                               Sonkamble h/f Ms. Shelke Sunita Deshrathrao.
                                                      ...

                                            CORAM : MANJUSHA A. DESHPANDE, J.
                                            DATE : 24.09.2026

                     PER COURT :-


                     1.      Civil application has been filed by the claimants. The

                     acquiring body has deposited the amount, which is a condition

                     for grant of stay as per the order passed by this Court. The

                     amount, as directed by this Court was deposited on

                     15.07.2025.


                     2.      Learned advocate for the acquiring body opposes the

                     application. Learned advocate for the applicants relied on an

                     order passed by this Court in Civil Application No.13210 of

                     2025 to claim parity.       According to the applicant, other
                              2                      1036-CA.5213-26.odt


claimants from the same project and covered by the same

notification were permitted to withdraw the amount deposited

by the acquiring body.


3.      The applicants are permitted to withdraw entire amount

deposited by the acquiring body. According to the applicants,

the acquiring body has deposited 75% of the amount.

Therefore, taking into consideration that only 75% amount has

been deposited, the entire amount deserves to be withdrawn.


4.      Accordingly, civil application is allowed.


5.      The applicants are permitted to withdraw entire amount

deposited in this Court with accrued interest on furnishing

undertaking to the satisfaction of the Registrar (Judicial) of

this Court.


6.      Civil application stands disposed of.




                                  (MANJUSHA A. DESHPANDE, J.)

                                   ...

vmk/-

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