Rajendra Bhagwanrao Borade And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3495 OF 2019 1.

Rajendra s/o Bhagwanrao Borade, Age: 55 years, Occ: Agri., 2.

Abhilash s/o Rajendra Borade, Age: 55 years, Occ: Student, Bhaskar s/o Bhanudasrao Borade, Age: 52 years, Occ: Agri., 4.

Indarrao s/o Gangadharrao Borade, Age: 58 years, Occ: Agri., 5.

Smt. Vimalbai Bhagwanrao Borade, Age: 80 years, Occ: Agri., 6.

Pandit s/o Sitaram Borade, Age: 70 years, Occ: Agri., 7.

Smt. Mathurabai w/o Haribhau Borade, Since deceased through Legal Representative Namdeorao s/o Haribhau Borade, Age: 65 years, Occ: Agri., 8.

Annasaheb s/o Haribhau Borade, Age: 45 years, Occ: Agri., 9.

Ankush s/o Haribhau Borade, Age: 70 years, Occ: Agri., All R/o. Patoda (Bk), Taluka Mantha, Dist. Jalna ..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through the Secretary in Department of Irrigation, Mantralaya, Mumbai-32

(2) 2.

The Land Acquisition Officer @ Alias Sub Divisional Office, Partur, District Jalna The Executive Engineer, Minor Irrigation Division Majalgaon, Canal Department No.10, Parbhani ..RESPONDENTS Mr Arun H. Koralkar, Advocate for petitioner; Mrs Dipali S. Jape-Ansingkar, A.G.P. for respondent Nos. 1 and 2 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 13th MARCH, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioners.

2.

Learned Counsel for the petitioners, on instructions, submitted before us that though the petitioners approached this Court challenging the order dated 29th September, 2014 passed by learned Joint Civil Judge, Senior Division, Jalna in Land Reference Application No. 959 of 2010, the petitioners be permitted to submit appropriate representation to the respondents-authorities

(3) raising their grievance of inadequate amount paid to the petitioners against the rental compensation and also to apprise the authority various judgments, wherein the issue of rental compensation is dealt with.

This exercise, which the petitioners propose to undertake could not cause any prejudice to the respondents.

In view of above, we dispose of the petition with liberty to the petitioners to submit representation to the respondents within period of two weeks from today. If such representation is received by the respondents within stipulated period of two weeks, the respondents to decide the same on its own merits as expeditiously as possible and not later than eight weeks from the date of receipt of the representation.

4.

With these directions, the petition is disposed of.

( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe