Jayaji Kaluba Gadekar v. The State Of Maharashtra And Others
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.474 OF 2019 JAYAJI KALUBA GADEKAR THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.508 OF 2019 LAXMAN BHIKA JAWALE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.509 OF 2019 GYANABA NAMDEO IDHATE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.510 OF 2019 SURESH NANABHAU HUSALKAR THROUGH LRS SHALINI SURESH HUSALKAR AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.511 OF 2019 VITTHAL GIRJUBA GIRI THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.512 OF 2019 SAKHARAM TOTARAM GAOLI THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.513 OF 2019 DAGADU SAKHARAM JAMKAR THE STATE OF MAHARASHTRA AND OTHERS
( 2 ) WRIT PETITION NO.518 OF 2019 UTTAM ASHRUBA JADHAV THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.522 OF 2019 UTTAM GANGARAM JADHAV THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.551 OF 2019 SAHEBRAO LAXMAN KADAM THROUGH LRS JANABAI SAHEBRAO KADAM AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.845 OF 2019 VITTHAL TUKARAM KALE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.846 OF 2019 UTTAM LAXMAN GIRNARE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.847 OF 2019 AJIJ ABDUL SYED THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.848 OF 2019 CHHAGAN DHONDIBA THATE THE STATE OF MAHARASHTRA AND OTHERS
( 3 ) WRIT PETITION NO.849 OF 2019 SARJERAO GAMAJI SAKHRE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.850 OF 2019 TRIMBAK ASARAM SHRIKHANDE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.851 OF 2019 AHMEDKHA YASEENKHA PATHAN THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.852 OF 2019 SHESHRAO RAMRAO MIRGE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.853 OF 2019 GANGADHAR DAGDU MOTE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.854 OF 2019 BABURAO LAXMAN KHAJEKAR THROUGH LRS DWARKABAI BABURAOKHAJEKAR AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.855 OF 2019 DNYANESHWAR VISHWAMBHAR GHADMODE THE STATE OF MAHARASHTRA AND OTHERS
( 4 ) WRIT PETITION NO.856 OF 2019 SANTU KHANDU TUPE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.857 OF 2019 TUKARAM BHIMRAO WARADE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.858 OF 2019 HARIHAU SANDU KHADKE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.859 OF 2019 VILAS NANA PATIL TORANMAL THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.860 OF 2019 NARAYAN BHIKA BHOMBE THROUGH LRS LEELABAI NARAYAN BHOMBE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.861 OF 2019 YEDUBA GANPAT BALANDE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.862 OF 2019 NAMDEO BHAGAJI AMTE THE STATE OF MAHARASHTRA AND OTHERS
( 5 ) WRIT PETITION NO.863 OF 2019 GAJANAN ONKAR GAIKWAD THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.864 OF 2019 SHRIRANG DEVRAO GADHE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.865 OF 2019 VINAYAK DEUBA BHOSALE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.866 OF 2019 SANDU MAHADU GAVANDE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.867 OF 2019 PANDURANG SHANKAR BHOSALE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.868 OF 2019 GOVIND MADHAV DANDGE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.869 OF 2019 TRIMBAK DEORAO KAKADE THE STATE OF MAHARASHTRA AND OTHERS
( 6 ) WRIT PETITION NO.870 OF 2019 KASHINATH LAXMAN TUPE THE STATE OF MAHARASHTRA AND OTHERS WRIT PETITION NO.871 OF 2019 RAMA LAXMAN KANFATE THROUG LRS JIJABAI RAMARAO KANFATE AND ANOTHER THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.872 OF 2019 PRAKASH ANANDA SALVI THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.873 OF 2019 SAKHARAM TUKARAM LAHANE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.874 OF 2019 ABARAO PARBHAT RAKADE THROGH LRS RAJUBAI ABARAO RAKADE AND ANOTEHR THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.875 OF 2019 SHESHRAO SHANKAR GORADE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.876 OF 2019 SHIVAJI BHIKA SALVE THROUG LRS SEVENTABAI SHIVAJI SALVE AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS
( 7 ) WRIT PETITION NO.877 OF 2019 NANA BANDU PARVE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.878 OF 2019 JUMMA KHAN HAFIZ KHAN THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.879 OF 2019 RATANSINGH JALAMSINGH KHANALKAR THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.880 OF 2019 UTAM TANHAJI WAGH THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.881 OF 2019 SAKHARAM YADAV SONAWANE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.882 OF 2019 SHESHRAO BAPURAO SABLE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.883 OF 2019 DARBARKHA SARDARKHA PATHAN THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.884 OF 2019
( 8 ) SARJERAO NAMDEO JADHAV THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.885 OF 2019 KAUTIK PANDURANG TAYADE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.886 OF 2019 LAXMAN GANPAT MANGATE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.887 OF 2019 VITTHAL SANDU WAGH THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.888 OF 2019 SHIVAJI BHIVSAN SONAWANE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.889 OF 2019 SHESHRAO BABURAO SAKHLE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.890 OF 2019 TEJRAO DAGADU SHEJUL THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.891 OF 2019 DEVIDAS JANRAO KAKADE` THE STATE OF MAHARASHTRA AD OTHERS
( 9 ) WRIT PETITION NO.892 OF 2019 BABURAO SHENPHAD GAVHANE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.893 OF 2019 SHAIKH ABDUL KARIM SK BEGUTHROUGH LRS RASHIDABEGUM SK ABDUL KARIM AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.894 OF 2019 BHIKAN BARKU THORAT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.895 OF 2019 DATTU MITHU LOKHANDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.896 OF 2019 MURLIDHAR VITTHAL WAGH THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.897 OF 2019 SUDAM SAKHARAM SHINDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.898 OF 2019 SUKHDEO PANDURANG SAPKAL THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.899 OF 2019
( 10 ) MANIKRAO BHIKA KALE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.900 OF 2019 KADUBA SHENPHAD BHUME THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.901 OF 2019 VITTHAL TUKARAM SHINGARE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.902 OF 2019 SHRIDHAR RAMCHANDRA PALODKR THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.903 OF 2019 SAHEBRAO PARASRAM SIRSAT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.904 OF 2019 RAMRAO SAKHARAM KUNTE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.905 OF 2019 YADAV SANDU THORAT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.906 OF 2019
( 11 ) KADUBA SHRIPAT DAUD THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.907 OF 2019 RAMKRISHNA MAROTI KAKADWE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.908 OF 2019 SUKHDEO SANDU KAKDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.909 OF 2019 KASHINATH JAGANNATH SURSE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.910 OF 2019 TEJRAO PANDURANG KHARAT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.911 OF 2019 WAMAN NATUBA PANDIT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.912 OF 2019 VITTHAL NATUBA KOLHE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.913 OF 2019
( 12 ) POPATRAO GENUJI KHAJEKAR TROUGH LRS SULOCHANA POPATRAO KHAJEKAR AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.914 OF 2019 AMBADAS SANPAT PALODKAR THOUGH LRS TARABAI AMBADAS PALODKAR AND OTEHRS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.915 OF 2019 SAHEBRAO FAKIRA LAKKAS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.916 OF 2019 MANIKRAO LAXMAN KALAM THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.917 OF 2019 DAMU BHIKA SAPKAL THROUGH RS NIRMALABAI DAMU SAPKAL AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.918 OF 2019 SITARAM VISHWANATH MHASKE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.919 OF 2019 APPARAO DHONDIBA MAGAR THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.920 OF 2019
( 13 ) NARAYAN ANANDA THOMBARE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.921 OF 2019 RAMBHAU WALUBA SONAWANE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.922 OF 2019 DAMU RAMBHAU KALE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.923 OF 2019 SHESHRAO DEVAJI ROTHE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.924 OF 2019 RAMDAS SANDU KAKDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.925 OF 2019 SHAIKH BEGU SHAIKH CHAND TROUGH LRS ASHABEE BEGU SHAIKH AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.926 OF 2019 KADUBA MANAJI SALVE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.927 OF 2019
( 14 ) SITARAM SUPDA RAUT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.928 OF 2019 RAMDAS TUKARAM PATIL THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.929 OF 2019 RAMDAS PADURANG KHAKRE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.930 OF 2019 BHANUDAS EKNATH MAGAR THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.931 OF 2019 SHENPHAD YEDUBA KAKDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.932 OF 2019 KASHINATH RAMKRISHNA THAKU THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.933 OF 2019 RANGNATH GOPALRAO THUBE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.934 OF 2019
( 15 ) EKNATH PANDHARINATH KUMAWA THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.935 OF 2019 VITTHAL KALU TUPE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.936 OF 2019 BABURAO SHENPHAD KAKDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.937 OF 2019 BHUJANGRAO DADARAO AHER THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.938 OF 2019 AMBADAS PANDURANG SHRIKHAN THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.939 OF 2019 VITTHAL SANDU KHARAT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.940 OF 2019 NAMDEO KISAN PANDIT THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.941 OF 2019
( 16 ) SHERKHA AMIRKHA PATHAN THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.942 OF 2019 SAHEBRAO RAGHO KALAM THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.943 OF 2019 MANIKRAO HANUMANTRAO SHIRSTH THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.944 OF 2019 RATAN JAIRAM PAWAR THROUGHLRS CHANDRAKALABAI RATAN PAWAR AND OTHERS THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.945 OF 2019 MANIKRAO BAPURAO TUPE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.946 OF 2019 NAMDEO PUNJAJI TAMBDE THE STATE OF MAHARASHTRA AD OTHERS WRIT PETITION NO.947 OF 2019 KASHINATH BABURAO SHINDE THE STATE OF MAHARASHTRA AD OTHERS Mr.Ashok A. More, Advocate for the petitioners.
( 17 ) Mrs.M.A. Deshpande, Mr.A.R. Kale, Mr. S.S. Dande, Ms.R.P. Gaur, Mr. V.S. Badakh, AGPs for the respondent/State in the respective petitions.
CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.
DATED :
23.01.2019 P.C. :- 1.
This bunch of petitions involves an identical issue. It may not be out of place to refer to the prayer in the petitions :- "(b) Direct the respondents No.2 & 3, the District Collector, Aurangabad and Tahsildar, Sillod, respectively to proceed with recovering the gratuity amount under recovery certificate together with 15% compound interest from due date mentioned in the recovery certificate together the amount of cost mentioned till full realization of the entire amount as arrears of land revenue by seizing/attaching bank account/s /disposing-off the land property of respondent No.4 Siddheshwar Cooperative Sugar Factory, Maniknagar Sillod as granted by the Ld. Controlling Authority vide judgment and order dated 28.04.2016 in Application (PGA) No.46/2015 within stipulated period of time and further be pleased to direct the respondents 2 and 3 to deposit the same with Registry of this Hon'ble High Court with a liberty to the Petitioner to withdraw the same."
2.
All these petitioners are in their advanced age and are awaiting for the payment of gratuity. It will be
( 18 ) also not out of place to mention that an identical issue was involved in Writ Petition No.4689 of 2018. It was the submission before the Court that the order has been passed under the Payment of Gratuity Act, 1972 by the authority, wherein respondent No.4 i.e. the Managing Director, Siddhewhar Sahakari Sakhar Karkhana, Maniknagar, Sillod was directed to pay amount of gratuity to the petitioners. Pursuant to the order, the revenue recovery certificates were also issued and they were required to be executed in accordance with the provisions of the Maharashtra Revenue Code, 1966. Though the revenue recovery certificates were issued sometime in the year 2017, till the date petition which was filed before this Court, no steps were taken by the Authorities for executing the revenue recovery certificates. A statement was made before this Court on behalf of the respondent - Authorities through learned AGP that the Authorities would confirm all the aspects in the matter and if the properties are not being attached or charged under the laws by the other creditors, the Authorities would
( 19 ) execute the revenue recovery certificates, in accordance with law. In view of the statement, the Division Bench was pleased to dispose of the petition with directions referred to in the order and the order is as under :- "I.
In case the revenue recovery certificates in favour of the petitioners are still in force and the properties of respondent No.4 are not attached or no further steps are taken by any other creditor, then the authorities i.e. respondent Nos.2 and 3 shall execute the revenue recovery certificates in accordance with law expeditiously. The petitioner shall cooperate in showing the properties of the Karkhana movable as well as immovable to enable the authorities to proceed further. We have not laid down any particular time frame, however, it is expected that the authorities shall take expeditious steps to execute the same considering that it is an amount with regard to the gratuity and the petitioners are senior citizens."
3.
Learned Counsel for the petitioners submitted that even though orders were passed by this Court, there was no reasonable progress in the matter, as such the petitioners approached this Court by filing Civil Applications. In the order of bunch of Civil Applications, the Division Bench on 07.10.2016 expected
( 20 ) that the Revenue Authorities are required to be sensitive to the amount, which is payable as retiral benefit to the retired employees and considering the fact that they are senior citizens, the authorities ought not to have adopted approach of apathy to this issue. The Division Bench then observed that it is expected that the authorities would take positive steps within eight weeks from the date of the order. Then it was submitted that inspite of such order, the matter was at stand-still. As such, the petitioners were left with no option but to file Contempt Proceedings in this Court. After issuance of simple notice by this Court, the authorities took immediate steps.
4.
Considering all these facts, we direct the authorities to execute revenue recovery certificates in accordance with law, if there is no other impediment in the nature of the property being attached or charged under other laws. The Authorities to undertake exercise and complete the same not later than 12 (twelve) weeks
( 21 ) from the date of order of this Court.
6.
With these observations and directions, the writ petitions are disposed of.
[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/JAN19/wp474.19