Mahadeo Maruti Gate v. The State Of Maharashtra Thr The Collector Osmanabad And Others

2026:BHC-AUG:9365 915-CA-1916-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1916 OF 2026 IN FIRST APPEAL NO. 3134 OF 2018 Mahadeo Maruti Gate ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. L.C. Patil, Advocate for applicant Ms. U.S. Bhosle, A.G.P. for respondent nos.1 and 2 Mr. P.S. Patil, Advocate for respondent no.3 ....

CORAM : RAJNISH R. VYAS, J.

DATE : 06th MARCH, 2026 PER COURT :

.

This is an application preferred by the applicant / claimant, for grant of permission to withdraw the amount, whose land was acquired by the acquiring body.

2.

Learned counsel for the applicant / claimant submits that due to acquisition of land, he was deprived of his property and compensation received is also meager. He submitted that since the acquiring body has preferred an appeal and has deposited the amount, he be permitted to withdraw the same.

1 / 2

915-CA-1916-26.odt 3.

The application is not seriously opposed by the acquiring body, but request is made that the claimant be directed to furnish the solvent surety also.

4.

Since the claimant is entitled for amount, following order is passed:-

ORDER

(I) Civil application is allowed.

(II) The applicant is hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

(III) The applicant is further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

(IV) Remaining 25% of the compensation amount with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

(V) The application is accordingly disposed of.

( RAJNISH R. VYAS, J. ) SSD 2 / 2