22-sr924..CA.9670.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 9670 OF 2026 IN FA/565/2023 Mahadeo Rama Barle VERSUS The State Of Maharashtra And Others ... Advocate for Applicant : Mr. Ajit B. Kale AGP for Respondents no.1 and 2: Mr.K.B.Jadhavar Advocate for Respondent no.3 : Mr.Shrutika Nirhali h/f. Mr.Prashant Nangare ... CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 30, 2026 ORDER :- Considering the prima facie merit shown by the appellant in the First Appeal this court stayed execution and operation of the judgment and award impugned in the appeal subject to deposit of 50% of the payable award amount in this court with interest. It is reported that accordingly the acquiring body has deposited 50% of the payable award amount in this court with interest. 2. Present application is filed by the claimant seeking withdrawal of the entire amount deposited by the acquiring body in this court. 3. Mr.Kale, learned advocate for the applicant would rely on two orders passed by this court i.e. order dated 05.12.2025 and 2026:BHC-AUG:46377 2 22-sr924..CA.9670 10.12.2025 in Civil Application No.13128 of 2025 in F.A. No.3253 of 2025. He submits that in view thereof, the application may be allowed. 4. Suffice it to note as the interest of the appellant is already protected by this court by discounting it from depositing entire payable award amount, I deem it appropriate to allow this application with certain rider. It cannot be lost site of that the applicant is the land-loser whose sole source of livelihood has been acquired under compulsory acquisition. Certainly the applicant is entitled for certain amount of compensation although there is dispute on the quantum of entitlement. 5. In view of the above, the Civil Application is allowed. The amount deposited by the acquiring body in this court is permitted to be withdrwn by the applicant on furnishing usual undertking to the satisfaction of learned Registrar (Judicail) of this court. Needless to mention, withdrawal of the amount shall be with interest accrued. [AJIT B. KADETHANKAR, J.] ……….. KBP