Digambar Eknath Gaikwad. v. The State Of Maharashtra Through Collector, Osmanabad And ORS.

2026:BHC-AUG:21335 W949-5105-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 5105 OF 2026 IN FAST/23198/2020 Digambar Eknath Gaikwad.

VERSUS

The State Of Maharashtra Through Collector, Osmanabad And Ors. WITH WITH CIVIL APPLICATION NO. 5120 OF 2026 IN FAST/23621/2020 Lalita W/o Panditrao Mane And Anr.

VERSUS

The State Of Maharashtra Through Collector, Osmanabad And Ors. ...

Mr. G K Sontakke, Advocate for Applicants Mrs. Bharti B. Gunjal, AGP for Respondents State Mr. A. S. Shelke, Advocate for Respondent No.3 CORAM : NEERAJ P. DHOTE, J.

Dated : 7th May, 2026 PER COURT :- 1.

These are the Applications by the claimants /respondents for withdrawal of the amounts deposited by the Acquiring Body. 2.

According to the learned Advocate for the Applicants, in the connected Appeal No. 2471 of 2021, this Court, by an order dated 14th November, 2024, permitted the claimants therein to withdraw 75% amount under the Award on furnishing usual undertaking before the learned Registrar (Judicial) of this Court. He submits that the Applicants be allowed to withdraw the entire amount deposited by the Acquiring Body.

W949-5105-26 3.

The aspect of withdrawal of 75% amount by the similarly placed claimants is not disputed by the learned Advocate for the Acquiring Body. He opposes the prayer for withdrawal of the entire amount. The compensation is in respect of the house property. The Acquiring Body has deposited the entire amount under the Award. To maintain the parity, the Applicants are allowed to withdraw 75% of the amount under the Award on furnishing usual undertaking before the learned Registrar (Judicial) of this court. The remaining amount be deposited in fixed deposits in any Nationalized Bank until further orders.

4.

The Civil applications are disposed of.

(NEERAJ P. DHOTE, J.) JPChavan