Bombay High Court
PANDIT GENA THAVAREversusThe State of Maharashtra Through Collector Osmanabad At Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicants may withdraw up to 75% of the deposited compensation subject to specified undertakings and surety, with the balance to be kept in a fixed deposit until final disposal.
Summary
The applicants sought to withdraw the compensation amount deposited by the acquiring body on 19.01.2026. The Court examined whether such withdrawal could be permitted and under what terms. It ordered that the applicants may withdraw 50% of the amount with accrued interest upon furnishing an undertaking satisfactory to the Registrar (Judicial), and an additional 25% upon furnishing a solvent surety satisfactory to the Registrar. The remaining 25% must be placed in a Fixed Deposit Receipt in a nationalized bank, renewed yearly, until the appeal is finally disposed. Accordingly, the civil application was disposed.
Issues considered
- Whether the applicants are entitled to withdraw the compensation amount deposited by the acquiring body
- What conditions, if any, should be imposed on the withdrawal of the deposited amount
Subjects
- compensation
- withdrawal
- fixed deposit
- surety
- civil application
Judgment
2026:BHC-AUG:38141
1 987 CA 7785-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
987 CIVIL APPLICATION NO. 7785 OF 2026
IN FIRST APPEAL (ST) NO. 8831 OF 2024
PANDIT GENA THAVARE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD
AT OSMANABAD
…
Mr. Madhav Jadhav h/f. Mr. A.S. More – Advocate for Applicant
Ms. M.L. Sangit – AGP for Respondent No.1/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. This application has been filed by the applicants for withdrawal of
the amount deposited by the acquiring body. The amount towards
compensation has been deposited by the acquiring body on 19.01.2026.
2. In view of the amount deposited by the acquiring body, the
applicants have filed the present application seeking withdrawal of the
amount. The applicants/claimants are permitted to withdraw 50% of the
amount, along with the interest accrued thereon till date, upon furnishing
an undertaking to the satisfaction of the Registrar (Judicial) of this Court.
The applicants are further permitted to withdraw 25% of the amount
upon furnishing solvent surety to the satisfaction of the Registrar
(Judicial) of this Court.
2 987 CA 7785-2026.odt
3. The remaining amount shall be invested in a Fixed Deposit Receipt
(FDR) in any nationalized Bank, with yearly renewal, till the final
disposal of the appeal.
4. The Civil Application is accordingly disposed of.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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