ASHOK GABA PATIL AND ORS v. THE SPECIAL LAND ACQUISITION OFFICER (1) JALGAON AND ORS.
CA/4960/2026 · 2026-09-09
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8269 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8269 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
12-sr915.CA.4960.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 4960 OF 2026 IN FA/3881/2022 Ashok Gaba Patil And Ors VERSUS The Special Land Acquisition Officer (1) Jalgaon And Ors. ---- Mr.A.B.Kale, Advocate for applicants Mr.A.V.Lavate, AGP for respondent no.1 Mr.A.D.Pawar, Advocate for respondent no.2 ---- WITH CIVIL APPLICATION NO.3658 OF 2022 IN FIRST APPEAL [ST] NO.28961 OF 2021 ….
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 09, 2026
ORDER :-
This Civil Application is filed by the claimants seeking permission to withdraw the amount deposited by the acquiring body in this court.
2. Learned advocate for the applicants/claimants is relying on the order dated 09.07.2026 passed by this court in Civil Application No.4961 of 2026 in First Appeal No. 3617 of 2022. It is submitted that the said appeal is also in respect of the present claimants’ another land
2 12-sr915.CA.4960 which was part of the same land acquisition award which is the subject matter of the present First Appeal. The order depicts that in that matter this court allowed withdrawal of 60% of the amount deposited by the acquiring body in this court. Reference to another matter is also found in the said order at paragraph 4 (Civil Application No.4393 of 2026 decided on 01.07.2026) wherein withdrawal to the extent of 75% was permitted.
3. Learned advocate for the acquiring body would submit that the acquiring body has earlier deposited Rs.19,28,848/- (22%) in the reference court. It is submitted that the said amount was withdrawn by the claimants. Thereafter, the acquiring body has deposited Rs.68,38,644/- in this court.
4. In my view the, purpose of filing this application and interest of justice could be served by permitting the applicants/claimants to withdraw an amount of Rs.45 Lakhs out of the amount deposited by the acquiring body in this court.
5. The applicants are permitted to withdraw Rs.45 Lakhs subject to furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this court. It is clarified that the the permitted amount is in lump-sum and will not carry any interest. The balance
3 12-sr915.CA.4960 amount be deposited in Fixed Deposit in a nationalised bank. Civil Application stands allowed partly. in C.A. No.3658 of 2022 [for grant of stay]
6. Call Record and Proceedings. Stand over to 21.10.2026.
[AJIT B. KADETHANKAR, J.] ………..
KBP