19-CA.9841.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 9841 OF 2026 IN FAST/31957/2023 Kisan Namdeo Waikar VERSUS State Of Maharashtra ---- Mr.Laxmi Thakur, Advocate h/f. Mr.L.C.Patil, Advocate for applicant Mr.R.K.Ingole, AGP for respondent - State ---- WITH CIVIL APPLICATION NO. 14468 OF 2023 IN FAST/31957/2023 WITH CIVIL APPLICATION NO. 14469 OF 2023 IN FAST/31957/2023 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 29, 2026 ORDER :- In C.A. No.9841 of 2026 :- This application is filed by the claimant for withdrawal of amount deposited by the State Government before the reference court. The deposit is pursuant to the order passed by this court while granting stay to the execution and operation of the impugned judgment and award. The applicant relies upon order dated 17.02.2022 passed by this Court in Civil Application No.1927 of 2022 in First Appeal No.1357 of 2020 (Mahadev Kisan Waikar Vs. State of Maharashtra and others). 2026:BHC-AUG:39755 2 19-CA.9841.2026 2. Learned advocate for the acquiring body fairly agrees with the statement that the cited order is from the matters identical with the present one. 3. In view of the same, the Civil Application stands allowed as under:- (i) The original claimant/applicant is hereby permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking to the satisfaction of the Registrar/Superintendent of the reference court and 25% on furnishing solvent security to the satisfaction of the Registrar (Judicial) by the claimant/ applicant. (ii) Remaining 25% amount of compensation shall be invested in fixed deposit account in any nationalized bank for a period of two years with clause of renewal. In C.A. No.14468 of 2023:- 4. This is an application for condonation of delay. 5. Mr.Ingole, learned AGP for respondent – State submits that the delay is neither deliberate not intentional. It has caused only on account of administrative exigency including making 3 19-CA.9841.2026 available the court fee. It is submitted that pursuant to the order passed by this court, the Government has already deposited the entire payable amount in the reference court so also vide separate order, the claimant is also permitted to withdraw 75% of the deposited amount. Hence, it is prayed that the delay be condoned. 6. Learned advocate for claimant would fairly offer her no objection for condonation of delay and to be heard on merit in the First Appeal. 7. In view of the above and the ratio laid down by Hon’ble Supreme Court in the case of Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867 of 2015 dtd.09-10-2023], the application stands allowed. Delay condoned. Appeal be registered. In F.A. Stamp No.31957 of 2023:- 8. Issue notice to the respondents. Mrs.Laxmi Thakur h/f. Mr.L.C.Patil, learned advocate waives notice for the respondent – claimants. 9. Call Record and Proceedings if not already called. Paper is dispensed with. 4 19-CA.9841.2026 In C.A. No.14469 of 2026 :- 10. Considering the fact that the applicant/appellant has deposited the entire payable award amount, this application stands allowed. Stay granted earlier is made absolute. [AJIT B. KADETHANKAR, J.] ……….. KBP