Mohammed Wahiduddin S/O Moh. Yasin (Died) Thr Lrs Mohd. Adnan S/O Ahmeduddin And ORS. v. The State Of Maharashtra Through Collector Aurangabad And ANR.

2026:BHC-AUG:13329 *1* 912ca3391o26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3391 OF 2026 IN FA/908/2019 MOHAMMED WAHIDUDDIN S/O MOH. YASIN (DIED) THR LRS MOHD. ADNAN S/O AHMEDUDDIN AND ORS.

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AURANGABAD AND ANR.

...

Shri Bhandari Anand P., Advocate for the Applicants. Shri S.J. Salgare, AGP for the Respondents/ State. Shri Shambhuraje V. Deshmukh, Advocate for Respondent No.2. ...

CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 27 March 2026 P. C. :- 1.

This application is filed seeking withdrawal of the amount deposited in the office of this Court by the appellant / CIDCO.

2.

It is pointed out that the First Appeal is already disposed of by this Court vide judgment dated 25.02.2026. The amount is, however, still lying and no order as regards withdrawal of the amount, was passed while disposing of the First Appeal.

*2* 912ca3391o26 3.

The application is opposed by the learned advocate Shri Deshmukh, who submits that the appellant/ CIDCO is thinking to approach the Hon'ble Supreme Court for challenging the judgment of this Court and the appellant would also seek to obtain stay to the said judgment.

4.

This Court finds that in the judgment itself, this Court has granted stay for a period of four weeks. That time is also over. No purpose would be served by keeping the amount idle in this Court.

5.

The Civil Application is allowed. The applicants are permitted to withdraw the amount with accrued interest, on usual undertaking.

kps (SUSHIL M. GHODESWAR, J.) (KISHORE C. SANT, J.)