Dhananjay Vasantrao Choudhari And Others v. The State Of Maharashtra And ORS

2026:BHC-AUG:20286 979-CA-11975-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11975 OF 2025 IN FA/4674/2017 Dhananjay Vasantrao Choudhari And Others

VERSUS

The State Of Maharashtra And Ors ...

Mr. P. B. Rakhunde, Advocate for Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents *** CORAM : S. G. CHAPALGAONKAR, J DATE : MAY 05, 2026 PC :

1.

The Applicants are seeking withdrawal of amount of compensation, which has been deposited by acquiring body along with interest in pursuance to order dated 27.02.2020.

2.

Mr. Rakhunde, learned Advocate appearing for Applicants, invites attention of this Court to order passed in Civil Application No. 4949/2023 in Appeal arising out of same acquisition i.e. Benitura Project. He submits that this Court permitted withdrawal of 75% of deposited amount to Applicants therein. 3.

In that view of matter, same course can be followed in present Application. In result, Application is allowed. Applicants are permitted to withdraw total 75% of deposited amount along with proportionate interest accrued thereon. The 50% of amount is permitted to be withdrawn on usual undertaking and 25% of amount is permitted to be withdrawn on furnishing solvent surety/security to

979-CA-11975-2025.odt satisfaction of Registrar (Judicial) of this Court. 4.

The remaining amount be invested in FDR on yearly renewal basis in any nationalized bank, till final disposal of Appeal. (S. G. CHAPALGAONKAR, J.) Umesh