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 Earlier, 75% of the award had been withdrawn, with the court having previously allowed withdrawal of 50% upon an undertaking and 25% upon furnishing a solvent surety.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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