Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABADversusKISAN NAMDEV WAIKAR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the claimant may withdraw 75% of the deposited compensation subject to conditions, that the procedural delay is condoned, and that the earlier stay is to be made absolute.
Summary
The claimant sought to withdraw a portion of compensation deposited by the State Government in the reference court, relying on a prior order in the same matter. The court allowed withdrawal of 50% of the amount upon an undertaking and 25% upon furnishing a solvent security, with the remaining 25% to be placed in a fixed deposit for two years. In a separate application, the claimant requested condonation of delay in filing, which the court granted, citing Supreme Court precedent in Sheo Raj Singh v. Union of India, and ordered the appeal to be registered. Another application sought confirmation that the stay previously granted be made absolute, which the court also allowed. The orders collectively facilitate partial release of the awarded compensation, condone procedural delay, and render the stay permanent.
Issues considered
- Whether the claimant is entitled to withdraw a portion of the compensation deposited by the State in the reference court.
- Whether the delay in filing the application for withdrawal should be condoned.
- Whether the stay previously granted on the execution of the award should be made absolute.
Subjects
- withdrawal of compensation
- condonation of delay
- stay of execution
- reference court
- fixed deposit
- Supreme Court precedent
- civil application
Judgment
2026:BHC-AUG:39756
19-CA.9841.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CIVIL APPLICATION NO. 9841 OF 2026
IN FAST/31957/2023
Kisan Namdeo Waikar
VERSUS
State Of Maharashtra
----
Mr.Laxmi Thakur, Advocate h/f. Mr.L.C.Patil, Advocate for applicant
Mr.R.K.Ingole, AGP for respondent - State
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WITH
CIVIL APPLICATION NO. 14468 OF 2023
IN FAST/31957/2023
WITH
CIVIL APPLICATION NO. 14469 OF 2023
IN FAST/31957/2023
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
In C.A. No.9841 of 2026 :-
This application is filed by the claimant for withdrawal of
amount deposited by the State Government before the reference court.
The deposit is pursuant to the order passed by this court while granting
stay to the execution and operation of the impugned judgment and
award. The applicant relies upon order dated 17.02.2022 passed
by this Court in Civil Application No.1927 of 2022 in First
Appeal No.1357 of 2020 (Mahadev Kisan Waikar Vs. State of
Maharashtra and others).
2 19-CA.9841.2026
2. Learned advocate for the acquiring body fairly agrees
with the statement that the cited order is from the matters identical
with the present one.
3. In view of the same, the Civil Application stands allowed
as under:-
(i) The original claimant/applicant is
hereby permitted to withdraw 50% of the
amount of compensation on furnishing
usual undertaking to the satisfaction of
the Registrar/Superintendent of the
reference court and 25% on furnishing
solvent security to the satisfaction of the
Registrar (Judicial) by the claimant/
applicant.
(ii) Remaining 25% amount of
compensation shall be invested in fixed
deposit account in any nationalized bank
for a period of two years with clause of
renewal.
In C.A. No.14468 of 2023:-
4. This is an application for condonation of delay.
5. Mr.Ingole, learned AGP for respondent – State submits
that the delay is neither deliberate not intentional. It has caused
only on account of administrative exigency including making
3 19-CA.9841.2026
available the court fee. It is submitted that pursuant to the order
passed by this court, the Government has already deposited the
entire payable amount in the reference court so also vide separate
order, the claimant is also permitted to withdraw 75% of the
deposited amount. Hence, it is prayed that the delay be condoned.
6. Learned advocate for claimant would fairly offer her no
objection for condonation of delay and to be heard on merit in the
First Appeal.
7. In view of the above and the ratio laid down by Hon’ble
Supreme Court in the case of Sheo Raj Singh (Deceased through
LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867
of 2015 dtd.09-10-2023], the application stands allowed. Delay
condoned. Appeal be registered.
In F.A. Stamp No.31957 of 2023:-
8. Issue notice to the respondents. Mrs.Laxmi Thakur h/f.
Mr.L.C.Patil, learned advocate waives notice for the respondent –
claimants.
9. Call Record and Proceedings if not already called. Paper
is dispensed with.
4 19-CA.9841.2026
In C.A. No.14469 of 2026 :-
10. Considering the fact that the applicant/appellant has
deposited the entire payable award amount, this application stands
allowed. Stay granted earlier is made absolute.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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