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2026 DAILYLAW 19977 (BOM)

SHEKU AMBADAS PAWAR DIED THR LRS LAXMIBAI SHEKU PAWAR AND ORS. v. The State of Maharashtra Through the Collector Osmanabad and Ors.

CA/4722/2026 · 2026-10-12

body2026

Judgment text

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1 14-ca-4722-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4722 OF 2026 IN FAST/31953/2023 Sheku Ambadas Pawar Died Thr Lrs Laxmibai Sheku Pawar And Ors. VERSUS The State Of Maharashtra Through The Collector Osmanabad And Ors. ... Ms. L. R. Thakur h/f Mr. L. C. Patil, Advocate for Applicants Mr. K. B. Jadhavar, AGP for Respondent-State WITH CIVIL APPLICATION NO. 14431 OF 2023 IN FAST/31953/2023 WITH CIVIL APPLICATION NO. 14430 OF 2023 IN FAST/31953/2023 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 12TH OCTOBER, 2026 P.C. :- CIVIL APPLICATION NO. 4722 OF 2026 . This is an application for withdrawal of amount moved by the applicants/original claimants. 2. Heard Ms. L. R. Thakur h/f Mr. L. C. Patil, learned Advocate for applicants/original claimants and Mr. K. B. Jadhavar, learned AGP for respondent/State. 3. It is stated across the bar that the State has deposited entire amount of compensation under the impugned judgment and award with the Registry of this Court. The impugned judgment and award passed by the Reference Court has been challenged before this Court by way of present first appeal and the impugned judgment and award is under scrutiny at the hands of this Court. 2026:BHC-AUG:48748 2 14-ca-4722-2026 4. Now the question is about payment of compensation amount. It is the practice of this Court to allow the claimants to withdraw 75% of the amount of compensation under the impugned judgment and award with accrued interest by directing to the original claimants to furnish usual undertaking with the Registry to the extent of 50% and 25% on security. I do not see any reason to take any different view while considering this application for withdrawal of amount. By taking the same recourse, I proceed to pass the following order: ORDER a. Civil Application stands allowed as under: (i) The original claimants/applicants are hereby permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 25% on furnishing solvent security to the satisfaction of learned Registrar (Judicial) of this Court. (ii) Remaining 25% amount of compensation shall be invested in fixed deposit account in any nationalized bank for a period of two years with clause of renewal. b. Civil Application is accordingly disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026