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2026 DAILYLAW 1595 (BOM)

ANIL GANGARAM MARATHE v. THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON

CA/8252/2026 · 2026-07-31

Shri S G Chapalgaonkar

body2026

Judgment text

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(1) 966-ca-8252-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8252 OF 2026 IN FAST/34088/2024 ANIL GANGARAM MARATHE VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON ... Mr. Vijay Bhalerao Patil, Advocate for Applicant. Ms. P. V. Diggikar, AGP for Respondents-State. Mr. B. L. Patil h/f Mr. A. D. Pawar, Advocate for Respondent No.3. ... CORAM : S. G. CHAPALGAONKAR, J. DATED : 31st JULY, 2026. P.C.:- 1. Heard learned Advocates appearing for respective parties. 2. By this application, applicants seek permission to withdraw amount deposited by Acquiring Body. 3. Mr. Patil, learned Advocate appearing for applicants submits that this Court has permitted withdrawal of amount in sister Appeals arising out of Award in respect of same acquisition under same Notification to the extent of 50% on furnishing undertaking and 25% on furnishing solvent surety/security to satisfaction of Registrar (Judicial) of this Court. He would, therefore, urge to follow same course. 4. Apart from aforesaid contentions, Mr. Patil submits that so far as applicant nos.3 and 4 are concerned, their names are recorded differently in land acquisition proceeding, than those appears on Aadhaar Cards. He has filed affidavit of individual 2026:BHC-AUG:32454 (2) 966-ca-8252-2026.odt applicant nos.3 and 4 contending that their names appearing in proceeding of Reference were wrongly recorded and their names as appearing in Aadhar Card are mentioned in this application. 5. The learned Advocate appearing for respondent Acquiring Body do not dispute that in Civil Application No.4562/2026 in First Appeal No.1136/2026, this Court permitted withdrawal of amount in aforesaid manner in matters arising out of same acquisition and Notification. Even contentions raised by applicants regarding change of names are not controverted on behalf of respondents. 6. In light of aforesaid factual backdrop, Civil Application is allowed. 7. Applicants are permitted to withdraw 50% of compensation amount as deposited by Acquiring Body alongwith accrued interest thereon on furnishing undertaking to satisfaction of Registrar (Judicial) of this Court. The applicants are further permitted to withdraw 25% of amount as deposited by Acquiring Body on furnishing solvent surety/security to satisfaction of Registrar (Judicial) of this Court. 8. The applicant nos.3 and 4 are permitted to withdraw amount as per their names appearing on Aadhaar Cards subject to aforesaid compliance. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2026