Bombay High Court

VAIJANATH HANMATRAO SHETKAR DIED LRS. DAMODAR VAIJNATH SHETKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petition can be disposed of by directing the petitioner to apply to the Sub‑Divisional Officer and complete the necessary formalities, after which the authorities should release the compensation within six weeks.

Summary

The petitioner, representing the estate of the deceased Vaijanath Shetkar, sought payment of compensation awarded on 20‑12‑1982, which had not been disbursed. The deceased had initially refused a notice to accept the amount but later applied on 21‑05‑1987, accepting the notice and acknowledging a sum of Rs. 5,821 deposited in the "K" account of the Treasury at Udgir. The State argued that the petitioner must approach the concerned officer with necessary details for the authorities to process the payment. The Court examined the records and directed the petitioner to apply to the Sub‑Divisional Officer, complete the required formalities, and expected the authorities to release the amount within six weeks. Accordingly, the writ petition was allowed and disposed of on the basis of procedural compliance.

Issues considered

What procedural steps must the petitioner follow to obtain the awarded compensation?
Can the Court order direct payment of the compensation, or must it direct the petitioner to approach the appropriate authority?

Subjects

compensation
writ petition
delay in payment
procedural compliance
civil liability
government treasury

Judgment

2026:BHC-AUG:41340-DB




                                              (1)                    wp13901.19


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           23 WRIT PETITION NO. 13901 OF 2019

              VAIJANATH HANMATRAO SHETKAR DIED LRS. DAMODAR VAIJNATH
                                       SHETKAR
                                       VERSUS
                        THE STATE OF MAHARASHTRA AND OTHERS

           Mr. S.B. Madde, Advocate for the petitioner.
           Mr. S.R. Yadav Lonikar, AGP for the respondent-State.

                                          CORAM : KISHORE C. SANT &
                                                  JITENDRA JAIN, JJ.
                                          DATE  : 07.09.2026

           PC :-

           01.          Heard learned Advocate for the petitioner and learned AGP

           for the respondent-State. The petitioner has approached this Court with a

           prayer to pay the amount of compensation to the petitioner, who

           happens to be representative of the original owner – deceased Vaijanath

           Shetkar.     It is case of the petitioner that the award was passed on

           20.12.1982. However, till now the compensation amount is not paid. The

           petitioner, therefore, filed application dated 20.04.2019 praying for the

           amount of compensation with consequential benefits as per law.



           02.          Learned AGP at the outset points out that the deceased

           Vaijnaath was offered amount of compensation, however, he has refused
                                      (2)                       wp13901.19


to accept the notice sent by the Authorities. Later on 21.05.1987, the

deceased himself made an application for compensation in which he

accepted that he had refused to accept notice wherein he was directed to

appear and accept the amount. Learned AGP further points out that the

notice wherein it was stated that amount of Rs. 5821 and some odd

paise. He was directed to come on 08.03.1983. Learned AGP submits

that the amount is deposited in the “K” account in the Treasury, Udgir,

Dist. Latur.      Paragraph No.7 of the affidavit in reply filed by the

respondent reads as under :-



            “7.  I say and submit that, if the petitioners applies to
            concerned officer with a necessary details, the present
            authority would process the same and if the legal documents
            are completed the authorities would pay, the compensation
            deposited in “K” Deposit in treasury office, Udgir Dist. Latur.”


.           He thus submits that the petition can be disposed off in view

of para No.7 of the affidavit in reply.



03.         Having heard the parties and having gone through the above

documents, it is seen that this petition can be conveniently disposed off

by    directing    the   petitioner   to    apply   to    the   Sub-Divisional

Officer/Authorities and complete the formalities.        If such application is
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made, we expect the Authorities to act upon the same, within a period of

six weeks after compliance is made.              The amount to be paid to the

extent of petitioner only.



04.                This Writ Petition is accordingly allowed and is disposed off.




         [JITENDRA JAIN, J.]                       [KISHORE C. SANT, J.]


snk/2026/Sep26/wp13901.19

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