Damodar Tukaram Tikate Died Through Lrs Nayanabai And ORS. v. The State Of Maharashtra Through The Collector Latura Nd ORS.

2025:BHC-AUG:36184 930-CA-13942-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13942 OF 2025 IN FAST/34317/2018 Damodar Tukaram Tikate Died Through Lrs Nayanabai And Ors.

VERSUS

The State Of Maharashtra Through The Collector Latura Nd Ors. .....

Mr. G. K. Sontakke, Advocate for the Applicants Mr. B. A. Shinde, AGP for the Respondent Nos.1 and 2 Mr. S. G. Sangle, Advocate for Respondent No.3 - Acquiring Body .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

18.12.2025 PER COURT :

1.

Heard the learned Advocate for the Applicants and the learned Advocate for the Acquiring Body.

2.

This is the Application for withdrawal of the amount deposited by the Acquiring Body under the Award. The Appeal is preferred by the Acquiring Body against the Judgment and Order dated 13/01/2015 passed in LAR No.791/2002 by the learned Civil Judge, Senior Division, Latur. 3.

There is no dispute that, in the connected Appeals arising out of the same acquisition, this Court has permitted the Claimants therein to withdraw the entire amount on furnishing regular undertaking against 50% amount along with interest, and furnishing Solvent Surety / Security against withdrawal of 50% amount with interest.

930-CA-13942-2025.odt 4.

Hence, the Application is allowed. The Applicants are permitted to withdraw the amount deposited by the Acquiring Body under the Award. 50% of the amount with accrued interest thereon is permitted to be withdrawn on furnishing regular undertaking to the satisfaction of the learned Registrar (Judicial) of this Court, and the remaining 50% along with interest accrued thereon is permitted to be withdrawn on furnishing Solvent Security / Surety to the satisfaction of the learned Registrar (Judicial) of this Court. 5.

Civil Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/December-2025