Bubnal Sahakari Pani Purvatha Sanstha Ltd. v. The Executive Engineer- Sangli Irrigation Department, Sangli And ORS.

10.WP.5164.08.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5164 OF 2008 Bubnal Sahakari Pani Purvatha Sanstha Ltd.

... Petitioner V/s.

The Executive Engineer- Sangli Irrigation Department, Sangli & Ors.

... Respondents Mr. Vijay Killedar for the Petitioner.

Mrs. K.R. Kulkarni, A.G.P. for Respondent Nos.1 to 3. Mr. Abhijit Tambe i/b Manjiri Parasnes for Respondent Nos.4 to 44. Mr. P.M. Arjunwadkar for Respondent Nos.46 to 58. CORAM : A.A. SAYED AND V.L. ACHLIYA, JJ.

DATE : 9th FEBRUARY, 2018.

P.C. :

By consent of learned Counsel for the Petitioner and learned Counsel for Respondent Nos.46 to 58, the Writ Petition is disposed of by passing the following order :- i) The statement of the learned Counsel for Respondent Nos.46 to 58 is recorded that Respondent Nos.46 to 58 will not supply water to the agriculturist who are members of the Petitioner Society.

ii) The statement of the learned Counsel for Respondent Waghmare 1/2

10.WP.5164.08.doc Nos.4 to 44 is also recorded that Respondent Nos.4 to 44 will not supply water to the agriculturist who are members of the Petitioner Society iii) The statement of the learned Counsel for the Petitioner is recorded that the Petitioner will deposit an amount of Rs.2,00,000/- within two weeks from today and the balance amount would be paid upon the demand being raised by Respondent No.1 within four weeks from the demand and will make all necessary compliances including furnishing of the list of members alongwith the signatures of their members. Respondent No.1 shall thereupon take appropriate decision in accordance with law.

iv) It is made clear that the understanding between the Petitioner and Respondent Nos.4 to 44 as well as 46 to 58 shall not bind Respondent Nos.1 to 3.

(V.L. ACHLIYA, J.) (A.A. SAYED, J.) Waghmare 2/2