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.)
habeeb/
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