Bhimrao Bala Pawar v. State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2832 OF 2015 BHIMRAO BALA PAWAR AGP for Respondents: Mrs.S.A.Dhumal WRIT PETITION NO. 2833 OF 2015 BALA KISAN PANDIT, LRS SULOCHANA AND OTHERS Advocate for Petitioners : More Ashok A.

AGP for Respondents: Mr.D.B.Bhange WRIT PETITION NO. 2834 OF 2015 LAXMAN ABLUBA KAWALE ...

WRIT PETITION NO. 2835 OF 2015 JAGANNATH BAPURAO PAWAR AGP for Respondents: Mr.K.J.Ghute Patil WRIT PETITION NO. 2836 OF 2015

-2BANDU YEDUBA SAPKAL, LRS SULOCHANA AND OTHERS Advocate for Petitioners : More Ashok A.

WRIT PETITION NO. 2837 OF 2015 PRAKASH DINKARRAO JADHAV AGP for Respondents: Mrs.S.D.Shelke WRIT PETITION NO. 2838 OF 2015 SAHEBRAO LAXMAN GORADE AGP for Respondents: Mr.K.G.Patil WRIT PETITION NO. 2839 OF 2015 VITTHAL KISAN GORADE AGP for Respondents: Mr.G.K.Thigale WRIT PETITION NO. 2840 OF 2015 SITARAM GANPAT BHARTI AGP for Respondents: Mr.P.N.Mulay

-3- WRIT PETITION NO. 2841 OF 2015 PANDIT DADARAO GAVANDE Advocate for Petitioners : More Ashok A.

AGP for Respondents: Mrs.S.A.Dhumal WRIT PETITION NO. 2842 OF 2015 EKNATH SAVKAR GAIKWAD AGP for Respondents: Mr.D.B.Bhange WRIT PETITION NO. 2843 OF 2015 VINAYAK SUPADU GAIKWAD WRIT PETITION NO. 2844 OF 2015 NANASAHEB BHIVSAN JADHAV, LRS MEERABAI AND OTHERS Advocate for Petitioners : More Ashok A.

AGP for Respondents: Mr.K.J.Ghute Patil WRIT PETITION NO. 2845 OF 2015 BABURAO MADHAVRAO WAGH

-4- WRIT PETITION NO. 2846 OF 2015 SONAJI NAMDEO PALODE AGP for Respondents: Mr.S.D.Shelke WRIT PETITION NO. 2847 OF 2015 BAJIRAO LAXMAN TUPE AGP for Respondents: Mr.K.G.Patil WRIT PETITION NO. 2848 OF 2015 RAMKRISHANA DHONDIBA MULE AGP for Respondents: Mr.G.K.Thigale WRIT PETITION NO. 2849 OF 2015 NARAYAN BHAGAJI SONAWANE AGP for Respondents: Mr.P.N.Mulay WRIT PETITION NO. 2850 OF 2015 APPASAHEB YEDUBA JADHAV

-5AGP for Respondents: Mrs.S.A.Dhumal WRIT PETITION NO. 2851 OF 2015 SUBHASH HANUMANTRAO GAIKWAD AGP for Respondents: Mr.D.B.Bhange WRIT PETITION NO. 2852 OF 2015 BHIKA JAYAJI DAMALE WRIT PETITION NO. 2853 OF 2015 JANARDAN SHANKARAPPA GULVE AGP for Respondents: Mr.K.J.Ghute Patil WRIT PETITION NO. 2854 OF 2015 PUNDLIK DAGDU JANJAL WRIT PETITION NO. 2855 OF 2015

-6BHANUDAS LAXMAN JANJAL AGP for Respondents:Mrs.S.D.Shelke WRIT PETITION NO. 2856 OF 2015 EKNATH DATTU BHOMBE AGP for Respondents: Mr.K.G.Patil CORAM : S. V. GANGAPURWALA & V. L.ACHLIYA, JJ.

DATED : 12th MARCH, 2015 P.C. :- Mr.More, learned counsel submits that in all these petitions, recovery certificates have been issued by the controlling authority under the Payment of Gratuity Act and Judge, Labour Court, Aurangabad in November, 2014. The same are sent to the respondent authorities for execution as recovery of arrears of land revenue, however, no steps are taken. The learned AGP states that the recovery certificates are issued only on 27/11/2014 and thereafter, those are required to be sent to the Collector. It would appear that the said recovery certificates are addressed to the Collector vide letter dated 23/12/2014 as such, it is only in the month of January, 2015 the Collector would have received the said recovery certificates for effective execution. Some time is required to the authorities to execute the same. It is not the case that much time

-7has lapsed for execution of the said recovery certificates. 2] Presumption is that the authorities would do their official work properly.

3] The authorities would execute the said recovery certificates as arrears of land revenue in case the said certificates are still in force and there are no other prohibitory orders, in accordance with law, expeditiously considering the question about payment of gratuity of the petitioners.

4] Writ Petitions are accordingly disposed of. No costs. V.L.ACHLIYA, J.

S. V. GANGAPURWALA, J.

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