Smt Ratanmala Balasaheb Gandekar Thro. Poa Balkrishna Uttam Bavkar And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2023.12.07 17:19:22 +0530 WRIT PETITION NO. 15207 OF 2023 SHRADDHA KAMLESH TALEKAR

1. Smt. Ratanmala Balasaheb Gandekar through POA Balkrishna Uttam Bavkar & Anr.

.. Petitioners

Versus

1. The State of Maharashtra & 24 Others

...Respondents

Mr.Vilas B. Tapkir, Advocate for Petitioners. Mr.Akshay Shinde, 'B' Panel Counsel for Respondent Nos.1 and 2. CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

DECEMBER 05, 2023.

P C :

1.

The above Writ Petition is filed, inter alia, to direct Respondent No.2 not to disburse the amount of compensation to Respondent Nos.4 to 25 in respect of Gat No.33/1, to the extent of 1 H 60 R at Village Chimbli, Tal. Haveli, Dist. Pune and a further direction to Respondent No.2 to deposit the amount before the learned Civil Judge, Junior Division, Khed Rajgurunagar, Pune before which Regular Civil Suit No.222 of 2016 is pending.

2.

The learned Counsel appearing on behalf of the Petitioners submitted that he has filed an objection to the disbursal of compensation before the Competent Authority on 30th December 2022 (Exh.E to the Petition). The aforesaid application has not yet been decided. It is in this light that the reliefs, as set out above, are sought by the Petitioners. 3.

After hearing the learned counsel for the Petitioners as well as the learned counsel for Respondent Nos.1 and 2, we dispose of this Writ Petition by directing that the Competent Authority, before deciding the objections dated 30th December 2022 filed by the Petitioners, shall not disburse the compensation amount to any party, if not already disbursed. The Competent Authority is also directed to decide the objection of the Petitioners within a period of six weeks from today. In the event, the findings of the Competent Authority are against the Petitioners, the Petitioners are free to challenge the same by adopting appropriate proceedings.

4.

The Writ Petition is accordingly disposed of. No order as to costs.

5.

Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J.] [ B.P.COLABAWALLA, J. ]