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Bombay High CourtCA/13619/2025admittedallowedgrantedrule absolute

Sidram Mahadeo Bansode v. The State Of Maharashtra Through The Collector Osmanabad And ORS.

2025-12-10Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:34635 935-CA-13618-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 13618 OF 2025 IN FA/1906/2017 Laxmibai Limbari Lokhande.

VERSUS

The State Of Maharashtra Through The Dist Collector Osmanabad And Ors. WITH CIVIL APPLICATION NO. 13619 OF 2025 IN FA/1904/2017 Sidram Mahadeo Bansode

VERSUS

The State Of Maharashtra Through The Collector Osmanabad And Ors. WITH CIVIL APPLICATION NO. 13620 OF 2025 IN FA/1905/2017 Mahadu Krishna Lokhande Thr Lrs Laxman Died Through Lrs Sarubai And Ors.

VERSUS

The State Of Maharashtra Through The Collector Osmanabad And Ors. .....

Ms. Laxmi Thakur h/f Mr. Patil Laxmikant C., Advocate for Applicants Ms. A. S. Deshmukh, AGP for the Respondent Nos.1 and 2 - State Mr. G. S. Khaire h/f Mr. S. S. Dande, Advocate for Respondent No.3 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

10.12.2025 PER COURT :

1.

These are the Applications for withdrawal of the amount deposited by the Acquiring Body in the Appeals. 2.

Heard the learned Advocate for the Claimants, the learned AGP for Respondent Nos.1 and 2 - State and the learned Advocate for Respondent No. 3 - Acquiring Body.

935-CA-13618-2025.odt 3.

The copy of the order dated 24/09/2025, passed in the group of Civil Applications, one of which is Civil Application No.8322/2025 in First Appeal No.3182/2017, permitting the similarly situated Claimants to withdraw 75% of the amount is brought to the notice of this Court. The learned Advocates for the parties are at ad idem to pass the similar order. The said order reads as under :

"1.

Heard.

2.

Learned counsel for the parties are at ad idem to pass order similar to one passed by this Court on 25.11.2020 in Civil Application No.7490 of 2020 in First Appeal No.2455 of 2019 and connected matters. 3.

In view of the above, similar order deserves to be passed in this matter. Hence, the following order :- (i) The Civil Applications are partly allowed. (ii) The applicants-original claimants are permitted to withdraw 75% of the amount deposited in this Court; 50% be paid on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 25% be paid on furnishing solvent security/surety. (iii) The Civil Applications stand disposed of accordingly." 4.

The Applications are allowed in terms of the aforesaid order. The Applicants - Original Claimants are permitted to withdraw 75% amount deposited by the Acquiring Body under the Award along with accrued interest. 50% be paid on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court and 25% be paid on furnishing Solvent Surety / Security.

5.

Civil Applications stand disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/December-2025