Chandrakant S/O Sambha Kadam And ORS v. The State Of Maharashtra Through The Collector, Osmanabad And Others

2026:BHC-AUG:1159 25 CA 12158 25+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 12158 OF 2025 IN FA/984/2022 WITH CIVIL APPLICATION NO. 4994 OF 2022 IN FA/984/2022 CHANDRAKANT S/O SAMBHA KADAM AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Claimants : Ms. L.R. Thakur h/f Mr. Patil Laxmikant C. AGP for State : Mr. S.N. Morampalle Advocate for Acquiring Body : Mr. A.M. Gaikwad ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 12.01.2026 PER COURT :

Learned counsel Mr. Shamsundar B. Patil prays for discharge his appearance for Acquiring Body. Another lawyer Mr. Gaikwad has caused appearance. Appearance of Mr. Patil stands discharged. CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 2.

The applicants are praying for withdrawal of amount of Rs. 08,03,778/- deposited by the respondent-Acquiring Body. Reliance is placed on common order passed on 24.04.2023 passed by coordinate bench in Civil Application No. 5084/2023 with connected matter, permitting the claimants to receive 90% of the deposited amount with accrued interest. It is not disputed that under the self-same acquisition proceeding the claimants were permitted to receive the amount. I propose to follow the same course. It is informed that only 75% of the amount is deposited by the Acquiring Body. 1/2

25 CA 12158 25+.odt 3.

The Civil Application is partly allowed permitting the applicants to receive 90% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any Nationalized Bank.

4.

The Civil Application is disposed of.

FIRST APPEAL 5.

Admit. Learned counsel Mr. Thakur h/f Mr. Patil waives service for the claimants. Learned A.G.P. waives service for State. 6.

Call for record and proceedings.

7.

Print is dispensed with.

CIVIL APPLICATION FOR STAY 8.

As the entire amount is deposited, ad interim relief granted earlier shall stand confirmed.

9.

The Civil Application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2