Bombay High Court

VISHAL RAJESH GAVKAR AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Allowed
Bench: R G AVACHAT AJIT B KADETHANKAR

Holding

The Court held that the fixed deposit may be released to the petitioners to meet their urgent repair needs.

Summary

The petitioners, heirs of a deceased prisoner, had been awarded compensation by the State Human Rights Commission, which was deposited as fixed deposits of Rs.1.5 lakh and Rs.2 lakh to be kept for five years. The petitioners sought relief to encash their fixed deposit of Rs.1.5 lakh to fund urgent repairs to their one‑room premises, citing financial constraints. The respondents, represented by the Attorney General of the State, opposed the writ, arguing that the deposit condition should remain. The Court examined whether the statutory direction to keep the amount in fixed deposit could be relaxed in view of the petitioners' immediate need. Finding merit in the petitioners' hardship, the Court directed the respondents to grant written permission for releasing the fixed deposit, thereby allowing the encashment. The writ petition was consequently disposed of.

Issues considered

Whether the condition imposed by the State Human Rights Commission to keep the compensation in fixed deposit for five years can be relaxed to permit encashment for urgent repairs.

Subjects

fixed deposit
compensation
human rights commission
writ petition
release of funds
civil appellate jurisdiction
financial hardship

Judgment

                                                          49 wp-686-2026(c).doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 686 OF 2026

Vishal Rajesh Gavkar and Another.                         ...Petitioners.
        Versus
The State of Maharashtra and Others.                      ...Respondents.
                                  ——————
Mr. Kaustubh K. Marathe for the Petitioner.
Mr. Siddheswhar B. Kalel, AGP for the Respondent-State.
                                  ——————

                                    Coram :    R. G. Avachat &
                                               Ajit B. Kadethankar, JJ.
                                    Date     : February 20, 2026.

P. C. :

1.         Father of Petitioner No.1 and husband of Petitioner No.2 had died

in prison. The State Human Rights Commission, Maharashtra State had

directed the Respondent-State to pay certain amount as compensation

to the Petitioners and other Class-I heirs of deceased. Accordingly,

sums of Rs.1.5 lakh and Rs.2 lakh have been deposited by the

Respondent-State in the name of Petitioner No.1 and Petitioner No. 2

respectively. The State Human Rights Commission had further directed

the said amount to be kept in ixed deposit for a period of 5 years.

2.         Now, the Petitioners have come with a case that their one room

premises requires urgent repairs and they are in inancial constraints to

carry out the repairs. They, therefore, want the condition that amount


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to be kept in ixed deposit for a period of 5 years to be relaxed.

3.         Learned AGP has reservations to allow the writ petition.

4.         Considering the cause made out in the writ petition, we deem it

appropriate to permit the ixed deposit of Rs.1.5 lakh standing in the

name of Petitioner No.1 to be encashed by Petitioners. Accordingly, we

allow the writ petition by directing Respondent Nos.1 to 3 to give

written permission for releasing the ixed deposit bearing F.D. No.

43187967101 in favour of the Petitioners.

5.         Writ petition stands disposed of.



     [Ajit B. Kadethankar, J.]                           [R. G. Avachat, J.]




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