Pradip Mahadeo Bansode And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:19839-DB *1* 911wp6834o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6834 OF 2024 PRADIP MAHADEO BANSODE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Shri Hanumant P. Jadhav, Advocate for the Petitioners. Ms.Neha B. Kamble, AGP for Respondent Nos.1 to 6/State. ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 28th August, 2024 Per Court :- 1.

The Petitioners claim that they are entitled for House Construction Advance amount. Their first installment is sanctioned. However, the amount is still not disbursed because the entire amount in the bank account of the Tahasildar, has been kept on hold by the Executing Court while dealing with the Regular Darkhast proceedings for recovery of the unpaid compensation amount payable to the land losers. 2.

Since the amount deposited in the account of the Tahasildar has been kept on hold by the Executing Court, this

*2* 911wp6834o24 Court cannot exercise jurisdiction over the execution proceedings pending before the Executing Court. It is for the concerned Tahasildar to take steps for convincing the Executing Court to lift the embargo on the bank account of the Tahasildar. Let the Tahasildar initiate such steps as are permissible in law. Needless to state, after the account of the Tahasildar is released from restriction/ embargo, if the Petitioners are entitled for the advance amount, they would be at liberty to pursue their demand. 3.

With the above observation, this Writ Petition is disposed off.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)