Bombay High Court

NAGA BALIRAM NAGALE AND OTHERS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants are entitled to withdraw the balance compensation and accrued interest as per the Full Bench decision in State of Maharashtra v. Kailas Shiva Rangari.

Summary

The claimants, Naga Baliram Nagale and others, filed a civil application seeking to withdraw the balance of compensation that had been deposited by the State of Maharashtra after the court had already disposed of FA No. 1427/2016 on 21 July 2026. The issue was whether the claimants could retrieve the remaining amount along with accrued interest despite the earlier disposal. The bench examined the precedent set by the Full Bench of the same court in State of Maharashtra v. Kailas Shiva Rangari (2016) which permits such withdrawal. Relying on that authority, the court allowed the application, authorising the claimants to withdraw the balance compensation with interest. The application was consequently disposed of.

Issues considered

Whether the claimants are entitled to withdraw the balance of compensation and accrued interest after the earlier disposal of FA No. 1427/2016

Subjects

withdrawal of compensation
civil application
Full Bench precedent
interest
disposal
High Court

Judgment

2026:BHC-AUG:37026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

9 CIVIL APPLICATION NO. 9207 OF 2026
IN FA/1427/2016

NAGA BALIRAM NAGALE AND OTHERS.
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD
AND ANR.
...
Advocate for Applicant : Mr. Chavan Prasanna Shankarrao
AGP for Respondent/State : Mr. S.N. Morampalle
...

CORAM : SIDDHESHWAR S. THOMBRE, J.
Dated : August 17, 2026

PER COURT :-

1. By this application, the applicants/original claimants pray to withdraw

the amount as this court had already disposed of FA No. 1427/2016 vide

order dated 21.7.2026. Considering the averments made in the application,

the application is allowed. The claimants are permitted to withdraw the

balance amount of compensation deposited by the respondent No. 1 along

with accrued interest thereon by applying the law laid down by the Full

Bench of this Court in the case of State of Maharashtra vs. Kailas Shiva

Rangari, 2016 (4) Mh.L.J. 457. The application is disposed of.

( SIDDHESHWAR S. THOMBRE, J. )

ssc/

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