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Bombay High CourtWP/1941/2017disposed offdismissed for default

Momin Abdul Gani Ahmed v. District Collector Ahmednagar And Others

2017-03-20Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S V Gangapurwala4 pages

1 60-WP-1924.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1924 OF 2017 Bapusaheb Rambhaji Khemnar ..Petitioner Vs.

District Collector, Ahmednagar and ors.

..Respondents WITH WRIT PETITION NO.1925 OF 2017 Prakash Awadaji Shinde ..Petitioner Vs.

District Collector, Ahmednagar and ors.

..Respondents WITH WRIT PETITION NO.1926 OF 2017 Shahnajbi Mohammed Pathan ..Petitioner Vs.

District Collector, Ahmednagar and ors.

..Respondents WITH WRIT PETITION NO.1941 OF 2017 Momin Abdul Gani Ahmed ..Petitioner Vs.

District Collector, Ahmednagar and ors.

..Respondents

2 60-WP-1924.odt Mr.P.V.Barde, Advocate for petitioners Mr.V.M.Kangne, AGP for State -- CORAM : S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : MARCH 20, 2017 PER COURT :

Heard.

2.

Leave to add the Tahsildar as party respondent to these petitions.

3.

The petitioners have approached this Court seeking directions to the respondent/ authority to execute revenue recovery certificate. 4.

Mr.Barde, learned Counsel for the petitioners submits that the dues are in respect of arrears of salary and gratuity. The revenue recovery certificates have been issued, however, the same are not being executed and implemented. He submits that no further steps are being taken by the respondent/authority.

3 60-WP-1924.odt 5.

The learned AGP, on instructions, states that steps are being taken by the authority. Communication is made in three cases to mutate the name of the Government and in respect of the petitioner in Writ Petition No.1926 of 2017, a demand is made to the Karkhana for payment.

6.

It appears that the revenue recovery certificates are issued more than one and half years back. The authority is expected to act diligently and consider the apathy of the litigants like present petitioners. The amount is due in respect of the gratuity and salary, as contended by the petitioners.

7.

In view of the above, the respondent - Tahsildar shall take effective steps for recovery of the amount under the revenue recovery certificates, expeditiously. Steps shall be initiated within a period of three months from today. The petitioners are at liberty to show the

4 60-WP-1924.odt properties of the Karkhana. The effective steps like demand, attachment, sale etc., shall be taken by the authority concerned, expeditiously and it shall see that the same is taken to its logical end. All this exercise be completed within a period of nine months from today.

8.

With these directions, the Writ Petitions stand disposed of. No costs.

[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.] kbp