Shaikh Khatunbi Chand Deceased Through Lrs Arif Chand Shaikh v. The Union Of India Through Its Secretary And Others

1 wp 8008.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 77 WRIT PETITION NO.8008 OF 2022 SHAIKH KHATUNBI CHAND DECEASED THROUGH LRS ARIF CHAND SHAIKH

VERSUS

THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioner: Mr. Patil Prakashsing B. AGP for Respondent/State: Mr. S. K. Tambe ASG for Respondent Nos.1, 3 & 4:

Mr. A. G. Talhar ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 02nd AUGUST, 2022 PER COURT:

1.

The Petitioner has put-forth prayer Clauses 'B' and 'C', as under:- "B] By appropriate writ in the nature of certiorari or any other writ of like nature or by appropriate directions or by appropriate orders the impugned notice dated 27/03/2019 issued by respondent no.2 may please be quashed and set aside.

C] Pending the hearing and final disposal of this writ petition effect,

2 wp 8008.2022 implementation, operation, execution the impugned notice dated 27/03/2019 issued by respondent no.3 may please be stayed."

2.

Considering the order that we are passing, we are not required to deal with the submissions of the respective sides in details. Suffice it to say that the Petitioner's land was acquired for a public project. He was paid compensation of an amount of Rs.22,18,795/- on 24.08.2017. The Respondents noticed that they have paid an excess amount of Rs.9,98,458/- and hence a notice was issued on 27.03.2019. This Petition is filed on 14.07.2022.

3.

The learned Advocate for the Petitioner submits that the said amount has not been recovered from the Petitioner's Bank Account, encumbrances have been created on the 7/12 extract. He prays that the authorities may hear him before initiating any steps towards recovering the said amount.

3 wp 8008.2022 4.

The learned ASG submits that as the notice dated 27.03.2019 has been issued, the Petitioner may consider it to be a show cause notice so as to file the written reply. As on date, coercive steps have not been initiated and until the Petitioner submits a reply and three

(03) weeks thereafter, for arriving at a decision, coercive steps would not be taken.

5.

In view of the above, this Petition is disposed off with the following directions:- A] The Petitioner shall submit a written reply to Respondent No.3, on or before 25.08.2022.

B] After receipt of the reply, Respondent No.3 shall consider the contentions of the Petitioner and the record available and by following the due procedure laid down in law, shall arrive at a decision, on or before 10.10.2022.

4 wp 8008.2022 C] Thereafter, Respondent No.3 would communicate it's decision to the Petitioner on or before 21.10.2022.

D] If the Petitioner is aggrieved, he would be at liberty to avail of a remedy as may be permissible in law for the redressal of his grievance.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe