Dhanaji Appa Gaikwad v. The State Of Maharashtra Through The Collector Osmanabad

969-CA.4293-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO. 4293 OF 2026 IN FA/2723/2025 DHANAJI APPA GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD ...

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent/s-State : Mr. C. V. Bhadane. Advocate for Respondent No.3 : Mr. M. S. Kulkarni. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.04.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.11,52,253/- deposited by the respondent/acquiring body for the reasons stated in the application.

3.

A reliance is placed on common order dated 14.07.2025 permitting similarly circumstance claimants to receive 75% of the amount with accrued interest on furnishing undertaking. 4.

The application is contested by the respondent/acquiring body.

969-CA.4293-26.odt 5.

There is no dispute that the facts and circumstances are identical. I propose to adopt the same view as is done by the Co-ordinate Bench.

6.

Civil application is allowed partly by permitting the applicant to receive 75% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial).

7.

Balance amount shall be invested in any nationalized bank.

(SHAILESH P. BRAHME, J.) ...

vmk/-