Ashok Pandurang Sirsat Since Dead Thr Lrs Jijabai Ashok Sirsat And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

AURANGABAD BENCH : AURANGABAD WRIT PETITION NO.909 OF 2022 Ashok Pandurang Sirsat (since died, through L.Rs.) Petitioners

Versus

The State of Maharashtra & others Respondents Mr. Ashok A. More, advocate for the petitioners Mr. D. R. Kale, Government Pleader for Respondents No.1 to 3. CORAM : S.V.GANGAPURWALA, ACTING CJ & GAURI GODSE, J.

DATE : 25th January, 2023.

PER COURT :

The learned Counsel for the petitioners submit that the respondents-authorities are not executing the recovery certificate in favour of the petitioners and against respondent no.4. It is for the respondents-authorities to execute the recovery certificate in accordance with law, keeping in mind existence of charge over the property and rights of other creditors, if any.

{2} wp909.22.odt The respondents-authorities may execute the recovery certificate expeditiously, keeping in view the aforesaid facts. Writ Petition is disposed of. No costs.

[GAURI GODSE, J.] [ACTING CHIEF JUSTICE] adb