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Bombay High Court

MAHADEO LAHU GUND.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the withdrawal of the balance amount pending in the court, subject to the petitioners furnishing solvent security.

Summary

The petitioners filed applications seeking withdrawal of the balance amount of a land acquisition award that had been deposited with the court. Earlier, 75% of the award had been withdrawn, with the court having previously allowed withdrawal of 50% upon an undertaking and 25% upon furnishing a solvent surety. The petitioners now sought to withdraw the remaining balance, offering to provide a solvent surety as required. The acquiring body accepted the earlier order permitting such withdrawal upon security. The court, after considering the applications and the earlier order dated 25.04.2025, allowed the withdrawal of the balance amount, including accrued interest, subject to the petitioners furnishing solvent security satisfactory to the registrar.

Issues considered

  • Whether the petitioners are entitled to withdraw the balance amount of the award pending in the court upon furnishing a solvent surety.

Subjects

  • land acquisition
  • withdrawal of award amount
  • solvent surety
  • interest on award
  • court order

Judgment

2026:BHC-AUG:38678



                                                         (1)                                  948 CA 8963 OF 2026 2


                     This order is corrected vide speaking to the minutes of order dated 21.08.2026

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            948 CIVIL APPLICATION NO. 8963 OF 2026
                                        IN FA/1194/2020

                              MARGU NAGAPPA DHOTRE AND ORS.
                                              VERSUS
           THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD
                                             AND ORS.
                                                  ...
           Ms. Laxmi R. Thakur h/f. Mr. L. C. Patil, Advocate for Applicants
           Mr. S. N. Kendre, AGP for Respondent Nos.1 and 2 – State
           Mr. M. N. Kalyane h/f. Mr. G. B. Rajale, Advocate for Respondent No.3

                                              WITH
                               CIVIL APPLICATION NO. 8964 OF 2026
                                         IN FA/1192/2020

                                MAHADEO LAHU GUND.
                                       VERSUS
            THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD
                                      AND ORS.

                                               WITH
                                   FIRST APPEAL NO. 1193 OF 2020

                THE EX. ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING
                               DIVISION, OMERGA AND ORS
                                         VERSUS
                               RAJARAM DADARAO WADANE
                                           …

                                                  CORAM          : AJIT B. KADETHANKAR, J.
                                                  DATE           : 19.08.2026

           PER COURT :-
                                     (2)                      948 CA 8963 OF 2026 2




CIVIL APPLICATION NO. 8963 OF 2026

CIVIL APPLICATION NO. 8964 OF 2026

.           These applications are filed for withdrawal of the balance amount

pending in this Court after the earlier withdrawal. The award amount was

deposited by the acquiring body with this Court, out of which 75% of the

amount is already withdrawn by the claimants. The present applications are

the successive applications seeking withdrawal of the balance amount.


2.          Learned Advocate for the applicants relies upon the order dated

25.04.2025 passed by this Court in Civil Application No.4359 of 2025 in First

Appeal No.1179 of 2020. She submits that the applicants had withdrawn 50%

of the amount by furnishing an undertaking before this Court and 25% of the

amount by furnishing solvent surety. It is further submitted that for

withdrawal of the balance amount, the applicants are ready to furnish solvent

surety.


3.          Learned Advocate for the acquiring body fairly accepts that by the

order dated 25.04.2025, this Court had permitted withdrawal of the balance

amount upon furnishing solvent surety. Needless to mention, the cited case

arises out of the same land acquisition proceedings.
                                       (3)                        948 CA 8963 OF 2026 2




4.           In view of the above, and for the reasons stated in the

applications, the same are allowed.


5.           The applicants are permitted to withdraw the balance amount

pending in this Court out of the amount deposited by the acquiring body.

Needless to mention, the said withdrawal shall include the interest accrued

thereon, subject to production of solvent security by the applicants to the

satisfaction of the learned Registrar (Judicial) of this Court.




                                                    [AJIT B. KADETHANKAR, J.]
PRW


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