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2026 DAILYLAW 3246 (BOM)

Bhagwat Ambadas Gaikwad v. The State of Maharashtra Through Collector Osmanabad At Osmanabad

CA/3110/2026 · 2026-08-14

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Judgment text

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(1) 930ca3110.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 3110 OF 2026 IN FA/1036/2026 Bhagwat Ambadas Gaikwad & Anr ….Applicants VERSUS The State Of Maharashtra Through Collector Osmanabad At Osmanabad …..Respondent WITH CIVIL APPLICATION NO. 12625 OF 2024 IN FA/1036/2026 Mr. Madhav K. Jadhav, Advocate h/f Mr. Abhijit S. More, Advocate for the Applicants Mrs. P. V. Diggikar, AGP for the respondent/State CORAM : MANJUSHA DESHPANDE, J. DATE : 14th AUGUST, 2026 PER COURT : CA/3110/2026 1. This is an Application filed by the Claimants/Applicants for withdrawal of the amount. 2. The learned Advocate for the Applicants submitted that the acquiring body i.e. Appellant has deposited 75% of the compensation awarded by the learned Reference Court in this Court pursuant to the order dated 28-11-2024 passed in CA/12625/2025. Hence, the claimants have filed this Application for withdrawal of the 1 of 3 (2) 930ca3110.26 amount. Reliance is placed on the Application filed by one of the claimants from the same award as well as same project wherein after deposit of amount by the Acquiring body, this Court has allowed the Application for withdrawal of the amount. 3. In view of the order dated 25-06-2026 passed by this Court, I am inclined to allow the Application on same terms and conditions. 4. The civil Application is allowed. 5. The Applicants are permitted to withdraw 50% of the amount deposited in the office of this court alongwith accrued interest thereon, on furnishing usual undertaking and 25% of the amount is allowed to withdraw on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. CA/12625/2024 1. This Court while issuing notice has granted stay to the impugned judgment and award dated 09-02-2024 subject to deposit of 75% along with interest and accordingly, the Applicant has deposited the said amount which is permitted to be withdrawn today by this Court. 2. In view of deposit of amount, stay granted by this Court shall continue to operate till disposal of the Appeal. 2 of 3 (3) 930ca3110.26 FA/1036/2026 1. Heard. 2. Admit. 3. The learned AGP waives service of notice for the respondent/State. Mr. Jadhav h/f Mr. More, Advocate waives service of notice for Respondents/claimants. 4. Call R & P. [MANJUSHA DESHPANDE, J. ] VishalK/930ca3110.26 3 of 3