( 1 ) 922 CA 9308 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 9308 OF 2026 IN FA/3373/2023 RAJABHAU MARUTI PHAD VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. Pramod Mayure, Advocate for Applicant Mr. S. N. Kendre, AGP for Respondent No.1 – State WITH CIVIL APPLICATION NO. 7899 OF 2023 IN FA/3373/2023 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION VERSUS RAJABHAU MARUTI FHAD AND ANR … CORAM : AJIT B. KADETHANKAR, J. DATE : 19.08.2026 PER COURT :- CIVIL APPLICATION NO. 9308 OF 2026 . Applicant is the land looser whose land is acquired by the Acquiring Body for public purpose under the compulsory acquisition. The claimant/present applicant approached the Reference Court for enhancement of compensation. After ascertaining the evidence on record, the Reference Court enhanced the compensation, which constrained the Acquiring Body to file present First Appeal in this Court. 2. While granting stay to the execution and operation of the judgment and award passed by the Reference Court, this Court directed the 2026:BHC-AUG:37608 ( 2 ) 922 CA 9308 OF 2026 Acquiring Body to deposit 50% of the award amount. Accordingly such 50% award amount is deposited by the Acquiring Body in this Court. Now, this application is filed by the claimant seeking permission to withdraw the amount deposited by the Acquiring Body in this Court. 3. Looking to the facts of the case and the nature of objection/grounds mentioned in the First Appeal, I deem it appropriate to allow the application for the reasons that the sole source of livelihood of the claimant is acquired by the appellant/Acquiring Body. While permitting withdrawal, interest of the Acquiring Body also needs to be protected. It also cannot be overlooked that the Acquiring Body has not deposited the entire amount of compensation i.e. enhancement granted by the Reference Court. Hence, I pass following order: O R D E R a. Civil Application is partly allowed. b. Claimant is permitted to withdraw the amount deposited by the Acquiring Body in this Court by executing a regular undertaking to the satisfaction of learned Registrar (Judicial) of this Court. c. Needless to mention, the withdrawal shall carry interest accrued on such deposit. d. Civil Application stands disposed of. [AJIT B. KADETHANKAR, J.] PRW