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Bombay High Court

VIKAS NAVNATH MOTEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is disposed as the respondents' withdrawal of the amount with an undertaking adequately protects the petitioner's interest.

Summary

Petitioner Vikas Navnath Mote challenged a 20 April 2021 order of the Deputy Collector, Land Acquisition, which rejected his objection in the Jaikwadi Project, Beed. Respondents withdrew the disputed amount, but only on the condition that they file an undertaking to refund the sum with interest if the court rules against them. The bench examined the withdrawal and the undertaking, concluding that the petitioner’s interest was adequately protected. Consequently, the court found no further relief necessary. The writ petition was therefore disposed of, along with any pending civil applications.

Issues considered

  • Whether the order of the Deputy Collector rejecting the petitioner's objection is liable to be set aside.
  • Whether the withdrawal of the amount by respondents, subject to an undertaking to refund with interest, suffices to protect the petitioner's rights.

Subjects

  • land acquisition
  • writ petition
  • withdrawal of amount
  • undertaking
  • interest
  • High Court

Judgment

2026:BHC-AUG:6381
                                               1                        27 WP 6476-2021.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              27 WRIT PETITION NO. 6476 OF 2021

                                   VIKAS NAVNATH MOTE
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                                …
             Mr. Nikhilesh K. Tungar – Advocate for Petitioner
             Ms. M.L. Sangit – AGP for Respondent Nos.1 and 2, State
             Mr. A.N. Nagargoje – Advocate for Respondent Nos.4 to 6, 14, 16, 17 and
             20
                                                …

                                    CORAM       : SIDDHESHWAR S. THOMBRE, J.
                                    DATE        : 12.02.2026

             PER COURT :
             1.     By the present petition, the petitioner is aggrieved by the order

             dated 20.04.2021 passed by the Deputy Collector, Land Acquisition,

             Jaikwadi Project, Beed, whereby the objection filed by the petitioner

             came to be rejected.


             2.     Learned Counsel, Mr. A.N. Nagargoje, appearing for respondent

             Nos. 4 to 6, 14, 16, 17 and 20, submits that during the pendency of the

             present petition, the respondents have already withdrawn the amount.


             3.     I have perused documents on record and also gone through the

             impugned order. The competent authority has protected the interest of

             the petitioner by recording that the respondents are permitted to
                                      2                          27 WP 6476-2021.odt


withdraw the amount subject to filing an undertaking that, in the event

the Court decides against them, they shall refund the amount along with

interest. Thus, the interest of the petitioner already stands protected.


4.       In view of the fact that the respondents have withdrawn the

amount subject to such undertaking, no further orders are required to be

passed in the present petition.


5.       Accordingly, the Writ Petition stands disposed of.


6.       Pending Civil Applications, if any, also stand disposed of.




                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


Pooja Kale/


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