1024-ca-6239-2026.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6239 OF 2026 IN FA/1656/2025 Changdeo Bhivrao Bhandwalkar VERSUS The State Of Maharashtra Through The Collector Osmanabad ... Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S AGP for Respondent/State : Mr. S.K. Shirse Advocate for Respondent No.3 : Mr. D.R. Jethliya (through V.C.) ... CORAM : S. G. CHAPALGAONKAR, J. DATED : JULY 02, 2026 PER COURT :- 1. The applicant seeks permission to withdraw amount deposited by acquiring body in pursuance to award passed by Reference Court. 2. Learned advocate appearing for applicant relying upon order dated 09.08.2023 passed in Civil Application No.5737 of 2023 in First Appeal No.2776 of 2021 submits that this Court permitted those applicants to withdraw entire amount deposited by acquiring body. The said matter is also pertaining to Seena Kolegaon Project in File No.2009/LNQ/CR/24, therefore, similar course can be followed in present matter. 3. Mr. Jethliya, learned advocate appearing for acquiring body vehemently opposes for permitting withdrawal of entire amount. According to him, there are good grounds in appeal and in case of success, acquiring body may not be in a position to recover amount. 2026:BHC-AUG:25633 1024-ca-6239-2026.odt (2) 4. Having considered submissions advanced by learned advocates appearing for respective parties, this Court finds that in sister appeals, this Court has taken a view that applicants can be permitted to withdraw amount deposited on furnishing undertaking. Apparently, acquiring body has deposited 75% of awarded amount. 5. In that view of matter, application is allowed. Applicant is permitted to withdraw entire amount deposited by acquiring body along with accrued interest, subject to furnishing an undertaking to satisfaction of Registrar (Judicial) of this Court. 6. Civil Application stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//