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Bombay High Court

RANGNATH FAKIRA WAGH AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The State was permitted to deposit the remaining cheque in the Registry and the petitioners were allowed to withdraw the full compensation amount with accrued interest.

Summary

The petitioners, Rangnath Fakira Wagh and others, claimed entitlement to a compensation of Rs.58,87,881/- from the State of Maharashtra, subject to statutory deductions. The State sought an extension of time to deposit the balance amount after having already paid Rs.50,00,000/- by cheque. The Court examined the communication from the Sub‑Divisional Officer confirming the entitlement, the applicable deductions (2% establishment expenses and 1% office service charges), and the pending balance of Rs.7,02,882/-. The Court permitted the State to deposit the remaining cheque in the Registry and allowed the petitioners to withdraw the total amount with accrued interest. Consequently, Civil Application No. 7585 was allowed as prayed, the extension sought in Civil Application No. 7583 was granted, and Civil Application No. 7584 was disposed.

Issues considered

  • Whether the petitioners are entitled to the specified compensation amount.
  • Whether the State may be granted an extension of time to deposit the balance amount.
  • Whether the statutory deductions of 2% establishment expenses and 1% office service charges are applicable.
  • Whether the petitioners may withdraw the deposited amount with interest.

Subjects

  • compensation
  • civil application
  • extension of time
  • deposit
  • interest
  • court order

Judgment

2026:BHC-AUG:33609-DB
                                          1                            71.CA.7584.26.odt

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 7585 OF 2026
                                      IN WP/2421/2026
                                            WITH
                               WRIT PETITION NO. 2421 OF 2026

                            RANGNATH FAKIRA WAGH AND OTHERS
                                         VERSUS
                           THE STATE OF MAHARASHTRA THROUGH
                                THE SECRETARY AND OTHERS

                                              WITH

                             CIVIL APPLICATION NO. 7583 OF 2026
                                      IN WP/2421/2026

               THE STATE OF MAHARASHTRA THR. THE SECRETARY AND ORS.
                                      VERSUS
                         RANGNATH FAKIRA WAGH AND OTHERS

                                              WITH

                             CIVIL APPLICATION NO. 7584 OF 2026
                                      IN WP/2421/2026

                            RANGNATH FAKIRA WAGH AND OTHERS
                                         VERSUS
                           THE STATE OF MAHARASHTRA THROUGH
                                THE SECRETARY AND OTHERS

                                               ...
                   Advocate for Applicants : Mr. D.K Thote and Mr. G.D. Patil
                      AGP for Respondents/State : Ms. Neha B. Kamble
                                               ...

                                 CORAM         : NITIN B. SURYAWANSHI AND
                                                 ABASAHEB D. SHINDE, JJ.


                                 DATE          : 31.07.2026
                              2                            71.CA.7584.26.odt



PER COURT:

Civil Application No. 7585 of 2026 :

1.          For the reasons stated in the civil application, the same is

allowed in terms of prayer Clauses ‘B’ and ‘C’. Necessary amendment

be carried out within a period of four weeks.

Civil Application No. 7583 of 2026 :

2.          By this application, the State has prayed for extension of

time to deposit the amount pursuant to the order dated 07.04.2026.

3.          Learned AGP has placed on record copy of the

communication addressed by Sub-Divisional Officer, Partur, Dist. Jalna,

to the Registry of this Court. According to the said communication, the

petitioners are entitled for Rs.58,87,881/- as compensation. In

addition, an amount of Rs.1,17,757/- is liable to be deducted towards

2% Establishment Expenses and Rs.58,879/- is required to be paid

towards 1% office service charges.

4.          It is further brought to our notice that the amount of

Rs.50,00,000/- is already deposited by the respondents vide cheque

No.213883 on 02.06.2026.

5.          Learned AGP further submits that the officer is present

along with the cheque of the remaining amount of Rs.7,02,882/-

(Cheque No.213890, dated 21.07.2026).
                               3                           71.CA.7584.26.odt

6.          In the light of above, the State is permitted to deposit the

said cheque in the Registry.

7.          On deposit of the said cheque, petitioners are permitted to

withdraw the said amount along with accrued interest thereon.

8.          In view of disposal of Civil Application No.7583/2026, the

Civil Application No.7584/2026 is also disposed of.




(ABASAHEB D. SHINDE, J.)                 (NITIN B. SURYAWANSHI, J.)




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