Bombay High Court

RAMAKANT HARIBA UGILE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The Court held that the petitioners' entitlement to the enhanced compensation is affirmed and the application for release of the bank guarantee and withdrawal of the deposited amount is allowed.

Summary

The petitioners' land was acquired for a percolation tank and they sought enhanced compensation, which was partly allowed. They appealed the compensation decree, obtaining a stay conditioned on the State depositing the full amount. The petitioners later applied to withdraw the State's deposited amount, providing a bank guarantee, but their request to release the guarantee was denied. Meanwhile, the State's first appeal was dismissed by the Court following a Government Resolution, thereby affirming the petitioners' entitlement to the enhanced compensation. The High Court held that, in view of the dismissal, the petitioners' application for release of the guarantee and withdrawal of the deposited amount should be allowed, and consequently allowed the writ petition.

Issues considered

Whether the petitioners are entitled to the enhanced compensation after the State's appeal was dismissed.
Whether the bank guarantee furnished by the petitioners can be released and the deposited amount withdrawn.

Subjects

land acquisition
compensation
bank guarantee
appeal
writ petition
stay order

Judgment

2026:BHC-AUG:39594
                                                            Writ Petition No.10318/2014
                                             :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                              WRIT PETITION NO.10318 OF 2014


            Ramakant s/o Hariba Ugile, Died through L.Rs.
            Jayshree w/o Ramakant Ugile & ors.                … PETITIONERS

                     VERSUS

            The State of Maharashtra                          … RESPONDENT

                                              .......
            Mr. S.S. Halkude, Advocate for petitioners
            Mr. V.M. Chate, A.G.P. for respondent – State
                                              ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE     : 27th AUGUST, 2026

            PER COURT :


            1.          The petitioners assail the order dated 25/6/2014, rendered by

            the learned Civil Judge, Senior Division, Ahmedpur, District Latur, below

            Exh.1 in Misc. Application No.30/2014 in Special Darkhast No.59/2010

            in Land Acquisition Reference No.736/2006.


            2.          Learned counsel for the petitioners submits that, the land of

            the petitioners has been acquired for the purpose of construction of

            percolation tank for village Ugliwadi, Taluka Ahmedpur, District Latur. In
                                                   Writ Petition No.10318/2014
                                  :: 2 ::


relation to the same, a Reference was presented by the petitioners for

enhancement of compensation. Same was partly allowed.


3.          Raising exception to the same, the original claimants i.e.

petitioners vis-a-vis the State authorities preferred First Appeals before

this Court against the judgment and decree passed in Reference, wherein

this Court granted stay to the execution of decree with a condition that the

State shall deposit the entire amount of compensation awarded.


4.          In the interregnum, the petitioners presented an application

before the concerned Court, requesting withdrawal of the amount

deposited by the State authorities.         While acceding the request for

withdrawal, the Court directed to furnish Bank guarantee. Accordingly,

the same was furnished.


5.          It is thereafter, the petitioners presented an application

seeking release of the Bank guarantee and to withdraw the amount from

the Bank towards the said guarantee. The concerned Court rejected the

said request. Aggrieved by the same, the petitioners are before this Court.


6.          It appears that, in the interregnum, by order dated9/12/2025,

the First Appeal No.379/2012 presented by the State vis-a-vis the original

claimants have been disposed of by this Court in view of Government
                                                Writ Petition No.10318/2014
                                   :: 3 ::


Resolution dated 3/11/2016.


7.            Thus, in view of disposal of the First Appeal No.379/2012,

the entitlement of the petitioner to the enhanced amount has been

endorsed by this Court pursuant to the order of dismissal of the appeal

presented by the State.       As such, the application presented by the

petitioner below Exh.1 in Misc. Application No.30/2014 in Special

Darkhast No.59/2010 in Land Acquisition Reference No.736/2006

deserves to be allowed.


8.            In the result, Writ Petition is allowed in terms of prayer

clause (B).    Resultantly, The application Exh.1 in Misc. Application

No.30/2014 in Special Darkhast No.59/2010          in Land Acquisition

Reference No.736/2006 is hereby allowed.




                                       (SACHIN S. DESHMUKH, J.)


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