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Bombay High CourtCA/487/2026admittedallowedgrantedrule absolute

Rukhminibai Narayan Kukale (Died) Thr Lrs Balasaheb Narayan Kukale. v. The State Of Maharashtra Through The Dist Collector Latur And ORS.

2026-01-14Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar3 pages

2026:BHC-AUG:1604 ..1..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 486 OF 2026 IN FA/3721/2019 KAMALBAI LAXMAN SHRIGANDHE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR LATUR AND OTHERS ...

AND 907 CIVIL APPLICATION NO. 487 OF 2026 IN FA/3720/2019 RUKHMINIBAI NARAYAN KUKALE (DIED) THR LRS BALASAHEB NARAYAN KUKALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR LATUR AND OTHERS ...

AND 908 CIVIL APPLICATION NO. 488 OF 2026 IN FA/3719/2019 KISHOR RAMRAO MANGALGIRE.

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR LATUR AND OTHERS ...

Advocate for Applicants : Mr. Bobade Yogesh K. AGP for Respondents /State : Smt. Jayshri P. Reddy ...

CORAM : KISHORE C. SANT, SUSHIL M. GHODESWAR, J.J.

DATE : 14.01.2026

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PER COURT :

1.

These applications are filed by the original claimant/respondents in appeals for withdrawal of remaining amount deposited in this Court. The State had filed appeals challenging the award passed under Section 18 of the Land Acquisition Act. The claimants had also filed appeals for enhancement. The appeals of the State have been dismissed. The appeals of the claimants are partly allowed. In the appeals filed by the State, Stay was granted by conditional order subject to deposit of the amount of compensation as per the award of the Reference Court. During the pendency of the appeals the present applicants were allowed to withdraw 25% of the amount on giving usual liability, 25% on giving solvent surety/equity and 25% was allowed to be withdrawn on furnishing bank guarantee. 25% of the amount is still lying in Fixed Deposit as per the order passed by this Court while allowing the withdrawal.

2.

The learned Advocate thus now submits that since the appeals have been disposed off, the applicants have become entitled to receive the entire amount. He also submits that the other conditions imposed also needs to be removed as by now.

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3.

Considering the above, following order :

ORDER

(a) The amount lying in this Court allowed to be withdrawn by the applicants with accrued interest as on today. The bank guarantee and security stands discharged.

(b) These applications stand disposed of accordingly. (SUSHIL M. GHODESWAR) ( KISHORE C. SANT ) JUDGE JUDGE shp/-