YOGRAJ JANRAO PATIL AND ORS. v. THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALGAON AND ORS.
CA/10172/2026 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10704 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10704 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 45 CA 10172 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 10172 OF 2026 IN FA/266/2022 YOGRAJ JANRAO PATIL AND ORS. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALGAON AND ORS. ... Mr. A. A. Pawar, Advocate for Applicants Mr. S. P. Sonpawale, AGP for Respondent Nos.1 and 2 – State Mr. A. D. Pawar, Advocate for Respondent Nos.3 and 4 WITH CIVIL APPLICATION NO. 2268 OF 2022 IN FA/266/2022 THE EX. ENGINEER, M.I.W. JALGAON AND ORS VERSUS YOGRAJ JANRAO PATIL AND ORS WITH CIVIL APPLICATION NO. 2272 OF 2022 IN FA/269/2022 THE EX. ENGINEER, M.I.W. JALGAON AND ORS VERSUS VASANT SAMPAT DESHMUKH … CORAM : AJIT B. KADETHANKAR, J. DATED : 21st September 2026 P.C. :- CIVIL APPLICATION NO. 10172 OF 2026 . Feeling aggrieved by the judgment and award dated 02.03.2020 passed by the learned Joint Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference No.596 of 2026:BHC-AUG:43164
2 45 CA 10172 OF 2026 2009, the acquiring body has preferred this appeal. In the first appeal, pursuant to the order passed by this Court, the acquiring body has deposited 78% of the award amount granted by the Reference Court. The present Civil Application is filed seeking withdrawal of the said amount. 2. Mr. A. A. Pawar, learned Advocate for the applicants/claimants relies on order dated 05.05.2026 passed by this Court in Civil Application No.5342 of 2026 in First Appeal Stamp No.26857 of 2025. He would submit that in identical circumstances, this Court permitted the applicants therein to withdraw 75% of the award amount. He would submit that there is a slight variance in the name of applicant No.1 as shown in the award and as shown in the Aadhaar Card. He would submit that under the same tune, the present application be allowed. 3. Mr. A. D. Pawar, learned Advocate for the acquiring body submits that the acquiring body has deposited 22% of the award amount in the Trial Court, which is already withdrawn by the claimants/applicants. He would submit that the amount deposited in this Court varies amongst 78% of total payable award amount. 3 45 CA 10172 OF 2026
4. Considering the controversy and the right of the applicants to receive adequate compensation, I deem it appropriate to allow the present application partly. O R D E R I. Civil Application is partly allowed. II.
The applicants are permitted to withdraw 50% of the award amount deposited by the acquiring body in this Court by furnishing an undertaking to the satisfaction of learned Registrar (Judicial) of this Court. Suffice to note, withdrawal shall carry the interest accrued thereon. III. The learned Registrar (Judicial) of this Court is requested to confirm the identify of applicant No.1. CIVIL APPLICATION NO. 2268 OF 2022 . Taking on record the submission of Mr. A. D. Pawar, learned Advocate for the acquiring body that the entire amount is deposited by the acquiring body, partly in the Reference Court and partly in this Court, stay granted earlier is made absolute. 2. Civil Application stands disposed of. ( AJIT B. KADETHANKAR, J. ) PRW