Bombay High Court
THE STATE OF MAHARASHTRA THROUGH COLLECTOR RAIGAD THROUGH DEPUTY COLLECTOR LAND ACQUISITIONversusVITTHAL RAMJI PATIL DECEASED HIS LHRS DNYANESHWAR VITTHAL PATIL
- Decided
- Disposal
- Disposed Off
Holding
The court allowed both interim applications in terms of prayer clause (b).
Summary
The State of Maharashtra filed a land acquisition suit against the heirs of the deceased Vitthal Ramji Patil. Two interim applications (Nos. 11681 and 11682 of 2025) were filed seeking relief under prayer clause (b). The court allowed both applications, finding that the conditions for prayer clause (b) were satisfied, including the fact that the decreetal amount had already been deposited and subsequently withdrawn by the claimants. The court disposed of the interim applications accordingly. The appeal was admitted, the record was ordered to be taken telephonically, and the matter was listed for hearing on 13 October 2026.
Issues considered
- Whether the interim applications seeking relief under prayer clause (b) should be granted
- Whether the withdrawal of the decreetal amount by the claimants affects the disposition of the interim application
Subjects
- land acquisition
- interim application
- decreetal amount
- withdrawal
- telephonic hearing
Judgment
91-fa-st-22804-2025.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.22804 OF 2025
The State of Maharashtra
Digitally
signed by Through Collector Raigad
SHABNOOR
SHABNOOR AYUB
AYUB PATHAN Through Deputy Collector
PATHAN Date:
2026.09.29
17:55:05
Land Acquisition … Appellant
+0530
V/s.
Vitthal Ramji Patil Deceased
His Lhrs Dnyaneshwar Vitthal Patil … Respondent
WITH
INTERIM APPLICATION NO.11682 OF 2025
The State of Maharashtra
Through Collector Raigad
Through Deputy Collector
Land Acquisition … Applicant
V/s.
Vitthal Ramji Patil Deceased
His Lhrs Dnyaneshwar Vitthal Patil … Respondent
WITH
INTERIM APPLICATION NO.11681 OF 2025
The State of Maharashtra
Through Collector Raigad
Through Deputy Collector
Land Acquisition … Applicant
V/s.
Vitthal Ramji Patil Deceased
His Lhrs Dnyaneshwar Vitthal Patil … Respondent
Mr. A. R. Patil, Addl. GP, for the Appellant/Applicant.
Ms. Deepa S Punde i/b Sachin S. Punde, for the
Respondent.
1
91-fa-st-22804-2025.doc
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 2026
P.C.:
INTERIM APPLICATION NO.11681 OF 2025
1. For the reasons stated in the application, the same is allowed
in terms of prayer clause (b). Accordingly, the application is
allowed in terms of prayer clause (b).
2. The Interim Application stands disposed of.
FIRST APPEAL (ST) NO.22804 OF 2025
3. Admit.
4. The record and proceedings shall be called for telephonically.
5. List the Appeal on 13 October 2026.
INTERIM APPLICATION NO.11682 OF 2025
6. Since the decreetal amount has already been deposited and
the same has been withdrawn by the claimants, the present
application is allowed in terms of prayer clause (b).
7. The Interim Application stands disposed of.
(AMIT BORKAR, J.)
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