Kumar Ramchandra Jadhav And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO.6798 OF 2020 Kumar S/o. Ramchandra Jadhav, ...PETITIONERS Baliram S/o. Shankar Jadhav, Ramkishan S/o. Shankar Jadhav, Vitthal Haribhajan Makane, Vandabai Sudhakar Jadhav, Tukaram Shankar Jadhav, 7.

Atamram Shankar Jadhav, 8.

Rahim Mainoddin Shaikh, 9.

Dattu Bhaurao Jadhav,

10. Namdeo Bhaurao Jadhav,

11. Deepak Bhaurao Jadhav,

12. Shivdarshan Ramkishan Jadhav,

13. Bhagwan Taterao Jadhav,

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14. Balwant Madhavrao Patil,

15. Ajit Balajirao Jadhav,

16. Farid Monoddin Shaikh Farid,

17. Angad Ravan Makane,

18. Balaji Keshavrao Jadhav,

19. Krushna Indrajit Jadhav,

20. Karim Maunoddin Shaikh,

21. Falubai Vithoba Jadhav,

22. Shantabai Shesherao Patil,

23. Venkat Bhiva Nile,

24. Ashok Babruwan Jadhav,

25. Urmila Ashok Jadhav,

26. Bharat Sheshrao Jadhav,

27. Ramesh Laxman Jadhav,

28. Babruwan Deorao Jadhav,

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29. Riyaz Mainoddin Shaikh,

30. Sopan Ravan Makane,

31. Lubjabai Sadashiv Jadhav,

32. Hanmant Taterao Jadhav, All R/o. Bamni, Tq. Nilanga, Dist. Latur

VERSUS

The State of Maharashtra, ...RESPONDENTS Through The Collector, Latur, Dist. Latur, The Commissioner, Divisional Commissioner Office, Aurangabad, Dist. Aurangabad The Sub-Divisional Officer/ Special Land Acquisition Officer, Sub-Division Office, Nilanga, Tq. Nilanga, The Chief Executive Engineer, Minor Irrigation Department, Latur, Tq. & Dist. Latur, The Executive Engineer, Minor Irrigation Department, Nilanga, Tq. Nilanga, Dist. Latur Tahasildar, Tahsil Office, Nilanga, Tq. Nilanga, Dist. Latur Mr.Shashikiran N. Patil, Advocate for the petitioners Mr. A. R. Kale, AGP for the respondent/State

(4) CORAM:R. D. DHANUKA & S. G. MEHARE, JJ.

DATE:25th April, 2022 JUDGMENT:

Rule.

The learned AGP waives service of notice for the respondent/State.

The learned counsel for the petitioners seeks liberty to delete the respondent Nos. 4 and 5. Leave to amend is granted. Amendment to be carried out within forty eight hours from today. Reverification is dispensed with. The learned AGP waives service of notice for the respondent Nos. 1,2 and 6.

By this petition, the petitioners though has prayed for various reliefs at this stage petitioner press for a writ of mandamus against respondent No.1 to decide the representation dated 16-03-2020 submitted by the petitioners.

Representation dated 16-03-2020 is still pending. We accordingly, direct respondent No. 1 to decide the said representation dated 16-03-2020

(5) within six weeks from the date of communication of this order and shall communicate the order within one week from the date of passing of order. If the order passed against the petitioners, they would be at liberty to file appropriate proceedings. If the representation is decided in favour of the petitioners, consequential relief as is permissible in law be granted within four weeks thereafter. If copy of representations is not traceable in the record of respondent No.1, the petitioners to furnish copy of said representation duly acknowledged by the respondent No.1 for perusal and consideration of respondent No.1 within one week from today. The petition is allowed in above terms. Rule is made absolute.

Parties to act upon authenticated copy of this order.

[S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp6798.20.odt