MADHUKAR S/O NIVRUTTI ANDHALE. v. THE STATE OF MAHARASHTRA THR DISTRICT COLLECTOR, BEED AND ORS.
CA/9185/2026 · 2026-08-18
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4027 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4027 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 926-ca-9185-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9185 OF 2026 IN FAST/8480/2022 Madhukar S/o Nivrutti Andhale. VERSUS The State Of Maharashtra Thr District Collector, Beed And Ors. ... Mr. S. R. Shirsat, Advocate for Applicant Mr. R. K. Ingole, AGP for Respondents-State Mr. B. R. Surwase, Advocate for Respondent no.2 ... WITH CIVIL APPLICATION NO. 8043 OF 2022 IN FAST/8480/2022 ….. CORAM : AJIT B. KADETHANKAR, J.
DATED : 18TH AUGUST, 2026 P.C. :- CIVIL APPLICATION NO. 9185 OF 2026 . This is a consecutive application seeking withdrawal of amount deposited by the Acquiring Body in the First Appeal. It is submitted that the Acquiring Body has deposited entire award amount together with interest in this Court. While passing the order on the earlier application for withdrawal, this Court considered merits of the appeal and then cautiously permitted only 60% to be withdrawn by the claimant. 2026:BHC-AUG:37402
2 926-ca-9185-2026
2. Mr. S. R. Shirsat, learned Advocate for the claimant/applicant submits that the claimant is a senior citizen, having crossed 70 years of age and requires some additional amount to meet his day-to-day needs and medical expenses. Hence the present Application is filed. 3. Mr. B. R. Survase, learned Advocate for the Acquiring Body would submit that the part of interest granted is against the law settled by this Court in full bench judgment of State of Maharashtra Vs. Kailash Shiva Rangari, reported at 2016 (3) Mh.L.J. 457 . He would again submit that the escalation is 09 times higher than the award. He further submits that the valuation of the trees is in dispute in the Appeal. 4. Considering the facts in the totality, I deem it appropriate to partly allow the application by permitting the applicant/claimant to withdraw 15% of the total deposited amount. 5. As such, upon withdrawal of the said 15% amount, the claimants would be deemed to have withdrawn 75% of the total awarded amount. 3 926-ca-9185-2026
6. The applicant/claimant is permitted to withdraw 15% of the total amount deposited by the Acquiring Body in this Court upon furnishing solvent surety to the satisfaction of learned Registrar (Judicial) of this Court. 7. Civil Application stands disposed of. FIRST APPEAL (ST) 8480 OF 2022: . Admit. 2. Issue notice to the respondents. Mr. S. R. Shirsat, learned Advocate waives service of notice for respondent no.1. 3.
Call Record and Proceedings. 4. Print and paper book dispensed with. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026