The State of Maharashtra and Ors. Vs Pandurang Manoharrao Patil — Bombay HC (2025) — LawSathi Research

The State of Maharashtra and Ors. Vs Pandurang Manoharrao Patil — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil applications allowed; balance amount with accrued interest to be disbursed to applicants on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial); First Appeals admitted with notice service waived for respondents/claimants and record called for, to be heard along with First Appeal No.67 of 2025; ad-interim relief granted earlier confirmed and civil application for stay disposed of.

Issue for consideration

Whether the applicants are entitled to withdrawal of the balance amount with accrued interest, consistently with the view already taken of disbursing 50% of the amount on undertaking and balance 50% on furnishing solvent surety/security. +2 more

Court's answer

The balance amount with accrued interest shall be disbursed to the applicants on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

Ratio / Principle

A view has already been taken for disbursing 50% of the amount on undertaking and balance 50% on furnishing solvent surety/security; the Court must be consistent with that view, and on that basis the applications are allowed.

Key takeaways

First Appeals admitted; Record and Proceedings called from the concerned Court; present appeals to be heard along with First Appeal No.67 of 2025.ratio¶34
Since the amount has been deposited in pursuance of this Court's orders, the ad-interim relief granted earlier stands confirmed and the civil application for stay is disposed of.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Shailesh P. Brahme, J.), 11.11.2025 — Civil Applications Nos. 10784/2025 (in FA/224/2021) and 10786/2025 (in FA/223/2021), with Civil Application No. 3111 of 2019 (in FA/223/2021), by legal representatives of claimants under a land acquisition award dated 25.11.1996, seeking withdrawal of the balance deposited amount with accrued interest, relying on orders dated 12.12.2024 (CA No.1964 of 2024 in FA Stamp No.5901 of 2017) and 17.03.2025 (FA No.67 of 2025). Held: following the consistent view already taken — 50% of the amount on undertaking and balance 50% on furnishing solvent surety/security — the civil applications are allowed; the balance amount with accrued interest is to be disbursed on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). First Appeals admitted, Record and Proceedings called for, and the appeals are to be heard along with First Appeal No.67 of 2025; ad-interim relief granted earlier stands confirmed and the civil application for stay is disposed of.

2025:BHC-AUG:30974

78-CA.10784-25+1.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

78 CIVIL APPLICATION NO. 10784 OF 2025 IN FA/224/2021

NARSING NIVRUTTI BHADRE (DIED) THR LRS KUSUMBAI DIED THROUGH LRS SAVITA AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS

AND

79 CIVIL APPLICATION NO. 10786 OF 2025 IN FA/223/2021

PANDURANG MANOHARRAO PATIL VERSUS

THE STATE OF MAHARASHTRA AND ORS

WITH

CIVIL APPLICATION NO. 3111 OF 2019 IN FA/223/2021

Advocate for Applicants : Mr. More P. P.

AGPs for Respondent/s-State : Mr. N. R. Dayma, Mrs. M. N. Ghanekar, respectively.

CORAM : SHAILESH P. BRAHME, J. DATE : 11.11.2025

PER COURT :-

1. Applicants seek withdrawal of balance amount with

accrued interest. Relying on the order dated 12.12.2024 in Civil Application No.1964 of 2024 in First Appeal Stamp No.5901 of 2017 as well as order dated 17.03.2025 in First Appeal No.67 of 2025.

78-CA.10784-25+1.odt

2

Learned counsel Mr. More makes a candid statement that present appeals are from the selfsame acquisition proceedings and the project. He tenders on record copy of award dated 25.11.1996.

Learned respective AGP oppose applications.

Already a view has been taken for disbursing 50% of the amount on undertaking and balance 50% on furnishing solvent surety/security. This Court has to be consistent with the view taken and I am inclined to allow the applications.

Civil applications are allowed.

The balance amount with accrued interest shall be disbursed to the applicants on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial).

First Appeals

Admit.

Learned counsel Mr. More waives service of notice for respondents/claimants.

78-CA.10784-25+1.odt

3

Call for Record and Proceedings from the concerned Court.

Present appeals shall be heard along with First Appeal No.67 of 2025.

Civil Application for Stay

As the amount has been deposited in pursuance of the orders passed by this Court, ad-interim relief granted earlier shall stand confirm. Civil application for stay is disposed of.

(SHAILESH P. BRAHME, J.)

vmk/-