Bombay High Court
SADU @ SADHU BALIRAM LALE.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The claimant is entitled to withdraw the balance amount deposited by the State following the dismissal of the State's appeal.
Summary
The claimant, Sadu @ Sadhu Baliram Lale, filed a civil application seeking permission to withdraw the balance amount of Rs.32,17,641 deposited by the State of Maharashtra as part of a land acquisition proceeding. The State had earlier deposited Rs.65,17,641, of which the claimant had already withdrawn Rs.33,00,000. The State's appeal against the enhancement granted in the Land Reference was dismissed by this Court on 02.07.2026. The Court held that, in view of the dismissal, the claimant is entitled to withdraw the remaining deposit. Accordingly, the application was allowed as per prayer clause ‘B’ and the civil application was disposed.
Issues considered
- Whether the claimant is entitled to withdraw the balance amount deposited by the State after the State's appeal was dismissed.
Subjects
- land acquisition
- deposit withdrawal
- appeal dismissal
- civil application
- state liability
Judgment
2026:BHC-AUG:38145
1 989 CA 9113-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
989 CIVIL APPLICATION NO. 9113 OF 2026
IN FIRST APPEAL NO. 2022 OF 2026
SADU @ SADHU BALIRAM LALE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR
OSMANABAD AND ANOTHER
…
Mr. Gopal D. Kale – Advocate for Applicant
Ms. Vaishali S. Chaudhary – AGP for Respondent(s)/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. This application is filed by the claimant.
2. Learned Counsel for the claimant submits that the appeal filed by
the State against the enhancement granted in the Land Reference has
been dismissed by this Court vide judgment and order dated 02.07.2026.
It is submitted that the acquiring body had deposited an amount of
Rs.65,17,641/- in the First Appeal, out of which the applicant has already
withdrawn an amount of Rs.33,00,000/-. It is submitted that, in view of
the dismissal of the appeal filed by the State, the balance amount of
Rs.32,17,641/- deposited by the acquiring body may be permitted to be
withdrawn by the claimant.
2 989 CA 9113-2026.odt
3. The appeal filed by the State has admittedly been dismissed by this
Court vide judgment and order dated 02.07.2026. In view thereof, the
claimant is entitled to withdraw the balance amount deposited by the
State.
4. The Civil application is allowed in terms of prayer clause ‘B’.
5. The Civil application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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