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Bombay High Court

The Executive Engineer, Irrigation Project Strengthening Division, at Omerga, Dist. Osmanabad and OversusMaheboob Madarsaheb

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed withdrawal of 80% of the deposited amount with interest upon an undertaking and condoned the delay in filing the first appeal subject to a similar undertaking.

Summary

The applicants filed several civil applications seeking (i) permission to withdraw 80% of the amount deposited by the acquiring body, together with accrued interest, upon furnishing an undertaking, and (ii) condonation of delay in filing the first appeal by the acquiring body. The court relied on its earlier order in Civil Application No. 4487 of 2026, which had allowed a similar withdrawal, and found the present applications to be similarly situated. It therefore ordered that the applicants may withdraw the specified portion of the amount upon a satisfactory undertaking to the registrar. The court also accepted the applicants’ explanation for the delay, condoning it on the condition that the applicants undertake not to claim any statutory benefits or interest for the delayed period. The interim relief previously granted remains in force pending the appeal, and all the applications were disposed of.

Issues considered

  • Whether the applicants are entitled to withdraw 80% of the amount deposited by the acquiring body along with interest upon furnishing an undertaking.
  • Whether the delay in filing the first appeal by the acquiring body can be condoned.

Subjects

  • withdrawal of deposit
  • condonation of delay
  • first appeal
  • undertaking
  • interest
  • civil applications
  • acquisition

Judgment

2026:BHC-AUG:41492
                                                  1                       926-CA-10151-2026.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                926 CIVIL APPLICATION NO. 10151 OF 2026
                                            IN FAST/1809/2026

                     Dagdu Tukaram Suryawanshi Died Through Lr Kondabai Dagdu
                                            Suryawanshi
                                              VERSUS
                        The State Of Maharashtra Through Collector And Others

                                                 WITH
                                  CIVIL APPLICATION NO. 9455 OF 2026
                                           IN FAST/1806/2026

                                        Meheboob Madarsaheb Attar
                                                 VERSUS
                           The State Of Maharashtra Through Collector And Others

                                                 WITH
                                  CIVIL APPLICATION NO. 7666 OF 2026
                                           IN FAST/1812/2026

                                        Kondabai Dagdu Suryawanshi
                                                 VERSUS
                           The State Of Maharashtra Through Collector And Others

                                                 WITH
                                   CIVIL APPLICATION NO. 723 OF 2026
                                           IN FAST/1806/2026

                 The Executive Engineer, Irrigation Project Strengthening Division, At
                                 Omerga, Dist. Osmanabad And O
                                               VERSUS
                                      Maheboob Madarsaheb

                                                 WITH
                                   CIVIL APPLICATION NO. 725 OF 2026
                                           IN FAST/1809/2026

                 The Executive Engineer, Irrigation Project Strengthening Division, At
                                Omerga, Dist. Osmanabad And Ors.
                                               VERSUS

             Sunny Thote
                                   2                        926-CA-10151-2026.odt


     Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others

                                 WITH
                   CIVIL APPLICATION NO. 727 OF 2026
                           IN FAST/1812/2026

    The Executive Engineer, Irrigation Project Strengthening Division, At
                   Omerga, Dist. Osmanabad And Ors.
                                  VERSUS
                      Kondabai Dagdu Suryawanshi

                                 WITH
                   CIVIL APPLICATION NO. 724 OF 2026
                           IN FAST/1806/2026

    The Executive Engineer, Irrigation Project Strengthening Division, At
                    Omerga, Dist. Osmanabad And O
                                  VERSUS
                         Maheboob Madarsaheb

                                 WITH
                   CIVIL APPLICATION NO. 728 OF 2026
                           IN FAST/1812/2026

    The Executive Engineer, Irrigation Project Strengthening Division, At
                    Omerga, Dist. Osmanabad And O
                                  VERSUS
                      Kondabai Dagdu Suryawanshi

                                 WITH
                   CIVIL APPLICATION NO. 726 OF 2026
                           IN FAST/1809/2026

    The Executive Engineer, Irrigation Project Strengthening Division, At
                    Omerga, Dist. Osmanabad And O
                                  VERSUS
    Dagdu Tukaram Suryawanshi (died) T/h L.rs. Kondabai And Others

                                     …
Mr.Shashikiran N. Patil for the Applicants in CA/10151/2026.
Ms.Sunita Dashrathrao Shelke for the Applicants in CA/723/2026.
Mr.Kishor Hoke Patil, AGP for the Respondent/State.
                                    ….



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                                     3                         926-CA-10151-2026.odt


                        CORAM            : MANJUSHA DESHPANDE, J.
                        DATE             : 04.09.2026


PER COURT :


                         WITHDRAWAL OF AMOUNT

1.            These     Civil   Applications   have     been   filed    by     the

Applicants/original claimants seeking permission to withdraw the entire

amount deposited by the Acquiring Body pursuant to the directions

issued by this Court.

2.            Learned Advocate for the Applicants places reliance upon the

order passed by this Court on 17th April, 2026 in Civil Application

No.4487 of 2026 filed by the claimants arising out of the same

notification, whereby this Court permitted withdrawal of 80% of the

amount, along with accrued interest thereon, upon furnishing an

undertaking.

3.            In view of the aforesaid order passed in similarly situated

matters, a similar order is warranted in the present Civil Applications.

Accordingly, these Civil Applications are allowed.

4.            Accordingly, the Applicants are permitted to withdraw 80%

of the aforesaid amount, along with the accrued interest, upon furnishing

an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.            These Civil Applications accordingly stand disposed off.




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                                   4                         926-CA-10151-2026.odt




                   CONDONATION OF DELAY AND STAY

6.            These Civil Applications have been filed by the Applicants

seeking condonation of delay in filing the First Appeal by the Acquiring

Body.

7.            The learned Advocate for the Applicants submits that the

delay has been satisfactorily explained in the Applications. Upon

considering the explanation furnished by the Applicants and the reasons

stated therein, I am satisfied that sufficient cause has been made out for

condoning the delay.

8.            Hence, the delay in filing the First Appeals are condoned,

subject to the Applicants filing an undertaking before the Registrar

(Judicial) of this Court, that the Applicants shall not claim any statutory

benefits and interest for the delayed period, within a period of three

weeks.

9.            In view of the deposit of the entire amount, the ad-interim

relief granted by this Court is confirmed and shall continue to operate

during the pendency of the Appeal.

10.           These Civil Applications stand disposed of accordingly.




                                           [ MANJUSHA DESHPANDE, J. ]




Sunny Thote


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