Bombay High Court

BABURAO NAMDEO KIRAGEversusTHE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT AND ANR

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE VAISHALI PATIL JADHAV

Holding

Since the compensation has already been deposited, the writ petition seeking direction for payment is moot and the petition is disposed.

Summary

Petitioner Baburao Namdeo Kirage filed a writ petition seeking a direction for the State of Maharashtra Revenue and Forest Department (Respondent No. 2) to pay compensation for land (Gut No. 156) as per an award dated 15‑02‑2024, together with interest. The respondent’s Advocate General produced a communication dated 29‑04‑2026 showing that the compensation amount had already been deposited with the District Judge‑I, Parbhani on 28‑04‑2026. The Court observed that, with the compensation already paid, there was nothing left for consideration in the petition, which was limited to the prayer for disbursement. The Court directed the petitioner to file an application in the District Court for withdrawal of the compensation amount, if desired. Consequently, the petition was disposed of.

Issues considered

What is the appropriate remedy when compensation awarded in a land acquisition case has already been deposited with the district court?

Subjects

compensation
land acquisition
writ petition
withdrawal
district court

Judgment

2026:BHC-AUG:24595-DB


                                     1                  63 wp 4700-26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           63 WRIT PETITION NO. 4700 OF 2026

                               BABURAO NAMDEO KIRAGE
                                          VERSUS
                THE STATE OF MAHARASHTRA REVENUE AND FOREST
                                 DEPARTMENT AND ANR
                                             ...
            Mr. Ghatol Patil Shahaji B., Advocate for the Petitioner
            Ms. J. R. Reddy, AGP for Respondent-State
                                             ….

                                  CORAM : SANDIPKUMAR C. MORE AND
                                          VAISHALI PATIL-JADHAV, JJ.

                                  DATED : 22/06/2026
            P. C. :

            1.    Heard.

            2.    Though the petitioner has sought a direction to Respondent

            No. 2 to pay compensation in respect of land Gut No. 156,

            admeasuring 0 H 60.31 R, as per the award dated 15.02.2024,

            along with applicable interest, but the learned AGP has placed on

            record a communication dated 29.04.2026 stating that the said

            amount has already been deposited on 28.04.2026 with the

            District Judge–I, Parbhani.

            3.    In view of the above, nothing survives for consideration in the

            present petition, which is confined only to the prayer for

            disbursement of compensation by Respondent No. 2. The petitioner
                                  2                     63 wp 4700-26

may          file   an   appropriate     application   for   withdrawal       of   the

compensation             amount       before   the   concerned     District   Court.

Accordingly, the petition stands disposed of.




( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

VS Maind/-

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