961-ca-8232-2026.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8232 OF 2026 IN FAST/11813/2024 Sachin Raosaheb Kendre VERSUS The State Of Maharashtra Through The Collector ... Advocate for Applicant : Mr. Pramod Mayure C. AGP for Respondent/State : Mr. D.B. Bhange Advocate for Respondent No.2 : Ms. Vaishali S. Swami h/f Mr. M.C. Swami WITH CIVIL APPLICATION NO. 5301 OF 2024 IN FAST/11813/2024 WITH CIVIL APPLICATION NO. 5300 OF 2024 IN FAST/11813/2024 ... CORAM : S. G. CHAPALGAONKAR, J. DATED : JULY 31, 2026 PER COURT :- In Withdrawal Application : 1. Heard learned advocates appearing for respective parties. 2. The applicant seeks permission to withdraw amount deposited by acquiring body in pursuance to award dated 12.01.2023 passed by Reference Court in L.A.R. No.99 of 2014. 3. Mr. Mayure, learned advocate appearing for applicant submits that Reference Court has considered all relevant factors, comparative sale instances and report of valuer and accordingly passed award for compensation. The applicant is waiting for compensation amount since 2012. 2026:BHC-AUG:32826 961-ca-8232-2026.odt (2) 4. Learned advocate appearing for respondent/acquiring body vehemently opposed application contending that apart, excess compensation granted towards acquired land, the compensation of more than Rs.4,00,000/- has been inappropriately granted for 5 Mango trees, hence, award needs modification. 5. Considering nature of controversy involved in appeal, this Court finds that interest of justice would be subserved, if partial withdrawal is permitted on certain conditions. 6. Hence, application is partly allowed. 7. The applicant is permitted to withdraw 50% of compensation amount as deposited by acquiring body on furnishing usual undertaking to satisfaction of Registrar (Judicial) of this Court. In addition, applicant is further permitted to withdraw 25% of compensation amount as deposited by acquiring body on furnishing security/surety to satisfaction of Registrar (Judicial) of this Court. 8. Balance amount be kept in fixed deposit. In Delay Application : 1. Heard learned advocates appearing for respective parties. 2. The applicant seeks to condone delay of 311 days caused in filing appeal. 3. Considering submissions advanced and reasons as stated in application, application is allowed. Delay of 311 days caused in filing appeal is condoned. 961-ca-8232-2026.odt (3) In Stay Application : 1. Learned advocate appearing for applicant points out that entire awarded amount has been deposited with registry of this Court. 2. In that view of matter, application stands allowed and disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//