Bombay High Court

EXECUTIVE ENGINNER MAJALGAON CANAL DIVISION NO 10 PARBHANI UNDER GMIDC AURANGABADversusGEETABAI LAXMAN GAVHALE AND ORS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

The pending civil application is rendered infructuous and disposed of, and the petitioners are permitted to withdraw the amount already deposited.

Summary

The Bombay High Court heard Contempt Petition No. 114 of 2024 filed by Geetabai against the State of Maharashtra and its Water Resources Department. The contempt order required the respondent‑acquiring body to deposit the full compensation awarded. The body deposited only 50 % of the amount and stated that the balance would be obtained from the State Government. A pending Civil Application No. 7028 of 2026 seeking permission to deposit the remaining amount was before the court. The Court held that the civil application had become infructuous, disposed of it, and allowed the petitioners to withdraw the amount already deposited.

Issues considered

Whether the partial deposit of compensation complies with the contempt order
Whether the pending civil application for permission to deposit the balance remains viable
Whether the petitioners may withdraw the amount already deposited by the respondent‑acquiring body

Subjects

contempt
compensation
civil application
deposit
withdrawal
state government
water resources department

Judgment

                                                      114.2024CP

                                1

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

           55 CONTEMPT PETITION NO. 114 OF 2024
                    IN WP/9147/2019

            GEETABAI W/O LAXMAN GAVHALE
                            VERSUS
  THE STATE OF MAHARASHTRA THR ITS SECRETARY,
            WATER RESOURCES DEPARTMENT
                               ...
Advocate for the Petitioner : Mr. Shinde C.K.
AGP for Respondent/State : Mrs. D.S. Jape
Advocate for Respondent no.2 : Mr. B.R. Surwase
                               ...
                              WITH
          CIVIL APPLICATION NO. 7028 OF 2026
                       IN CP/114/2024

EXECUTIVE ENGINNER MAJALGAON CANAL DIVISION NO
       10 PARBHANI UNDER GMIDC AURANGABAD
                            VERSUS
          GEETABAI LAXMAN GAVHALE AND ORS
                               ...
Advocate for Applicant : Mr. B.R.Survase
AGP for Respondent/State : Mrs. D.S. Jape
Advocate for petitioner in CP : Mr. C.K. Shinde
                               ...

                      CORAM :       SANDIPKUMAR C. MORE &
                                    VAISHALI PATIL-JADHAV,JJ.

                      DATE     :    27.07.2026

P.C. :


1]       Pursuant to the order under contempt, the respondent-
acquiring body has deposited 50% of the total compensation
amount in this Court. Learned counsel for the petitioner also
confirms the said fact.
                                                          114.2024CP

                                 2

2]    Learned counsel for the respondent-acquiring body
further submits that the remaining amount is demanded
from the State Government and as and when it is received,
the same will be deposited.
3]    In   view   of   the   same,   pending   Civil   Application
no.7028/2026 for permission to deposit the amount has
rendered infructuous and it stands disposed of.
4]    Stand over to 24.08.2026.
5]    The petitioners are allowed to withdraw the already
deposited amount by the respondent-acquiring body.




[VAISHALI PATIL-JADHAV]              [SANDIPKUMAR C.MORE]
        JUDGE                             JUDGE


sga

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