Bombay High Court

TATYARAO DADARAO JADHAVAR AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The court modified the earlier order, reducing the deposit amount to Rs.1,13,36,615, as the respondents are entitled to that sum and the remainder belongs to a non‑applicant.

Summary

The State of Maharashtra filed a civil application seeking modification of a May 7, 2026 order in Writ Petition No. 4647, requesting that the amount it must deposit be reduced from Rs.1,50,00,000 to Rs.1,13,36,615. The court examined the award and found that the respondents were entitled only to Rs.1,13,36,615, while the balance belonged to Suryabhan Nivrutti Jadhavar, who had not appeared before the court. Accordingly, the court modified the earlier order, permitting the State to deposit the lower amount. The civil application was allowed and the writ petition was disposed as the respondents could now withdraw the entitled sum. The judgment clarifies the court’s power to amend orders in civil applications where entitlement issues arise.

Issues considered

Whether the order dated 07.05.2026 in Writ Petition No.4647 can be modified to reduce the deposit amount
What amount the respondents are entitled to receive
Whether the balance amount belongs to a non‑applicant and can be excluded from the State’s deposit obligation

Subjects

modification of order
civil application
writ petition
deposit of money
entitlement
High Court of Bombay
Maharashtra

Judgment

2026:BHC-AUG:42645-DB
                                               1                       NOB-1.doc



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD
                     CIVIL APPLICATION NO. 10694 OF 2026
                               IN WP/4647/2026
        THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS
                                     VS.
                   TATYARAO DADARAO JADHAVAR AND ORS
                                            ...
                       AGP for Applicant/State : Ms. Neha B. Kamble
                        Advocate for Respondents : Mr. S.R. Shirsat
                                            …
                                          CORAM     : NITIN B. SURYAWANSHI AND
                                                      ABASAHEB D. SHINDE, JJ.
                                            DATE    : 11.09.2026

             PER COURT :
             .        Not on Board. Upon mentioning, taken on Board.

             2.    By this Civil Application, the applicant/State seeks modification
             of the order dated 07.05.2026 passed in Writ Petition No.4647 of 2026
             to the extent of amount to be deposited from Rs.1,50,00,000/- to
             Rs.1,13,36,615/-.

             3.    Heard learned AGP for State, learned Advocate for respondents
             and perused the award.

             4.    Upon perusal of the award, it is clear that respondent/original
             petitioners are entitled for amount of Rs.1,13,36,615/- and the balance
             amount is of Suryabhan Nivrutti Jadhavar, who has not approached this
             Court.

             5.    In the light of above, the impugned order dated 07.05.2026 is
             modified, thereby permitting the applicant/State to deposit the amount
                                    2                        NOB-1.doc



of Rs.1,13,36,615/- instead of Rs.1,50,00,000/-.

6.      Civil Application is, accordingly, allowed.

7.      Since, the non-applicants/original petitioners are entitled for the
said amount, they are permitted to withdraw the same.


IN WP/4647/2026

8.      Since, the petitioners are permitted to withdraw the said amount,
the purpose of filing of this petition is served. Writ Petition, is,
therefore, disposed of.




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



vsj..

Continue reading with your account

Checking your session…