Rangnath Dattatraya Kotalwar And ORS v. The State Of Maharshtra Through The Collector

1 8-WP-10463-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10463 OF 2019 RANGNATH DATTATRAYA KOTALWAR AND ORS ...PETITIONERS

VERSUS

THE STATE OF MAHARSHTRA THROUGH THE COLLECTOR ...RESPONDENTS Mr. M.I. Dharashive, Advocate for Petitioners Mr. K.B. Jadhavar, AGP for Respondent-State CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 26th AUGUST, 2019 ORAL ORDER:

1.

According to the learned Counsel for the petitioners, the Reference Court has allowed the Reference filed by petitioners under section 18 of the Land Acquisition Act. Darkhast is filed in the year 2013, yet the amount has not been paid by the respondent. 2.

The learned Assistant Government Pleader accepts notice for the respondent.

3.

When the Darkhast has been filed by the petitioners, the petitioners have to take appropriate steps for getting Darkhast executed. The last application appears to be filed on 22.07.2014.

2 8-WP-10463-2019 4.

The petitioners may take appropriate steps for getting the decree executed by issuance of warrant of attachment of movable and immovable property of the judgment debtor, so also, further steps as contemplated under the Code of Civil Procedure. 5.

If after taking those steps, the Darkhast is not satisfied, the petitioner may move this Court.

6.

The Executing Court shall also endeavour to see that Darkhast is executed expeditiously considering that the amount of compensation is not paid to the agriculturists. 7.

The respondent shall also endeavour to pay the amount to the petitioners as per the Award passed by the Reference Court, of course, if there is no other impediment, expeditiously. 8.

The Writ Petition is disposed of. No costs.

[ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta