Ram Raghunathrao Chate And Others v. The State Of Maharashtra And Others

(1) W. P. No. 10913 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 10913 of 2015 District : Beed

1. Ram s/o. Raghunathrao Chate, Age : 62 years, Occupation : Agriculture.

2. Sitabai w/o. Ramrao Chate, Age : 55 years, Occupation : Household.

3. Manik s/o. Shrirang Mundhe, Age : 35 years, Occupation ; Agriculture.

4. Dashrath s/o. Vithal Fad, Age : 55 years, Occupation : Agriculture.

5. Prabhakar s/o. Dattu Muley, Age : 40 years, Occupation : Agriculture.

All R/o. Mandwa (Parali), Taluka : Parali Vaijinath, District : Beed.

.. Petitioners.

versus

1. The State of Maharashtra, Through Secretary, Revenue Department, Mantralaya, Mumbai - 32.

2. The Divisional Commissioner, Aurangabad Division, Aurangabad.

(2) W. P. No. 10913 of 2015

3. The Collector, Collectorate, Beed, District : Beed.

4. The Sub-Divisional Officer, Parali, Taluka : Parali Vaijinath, District : Beed.

5. The Tahsildar, Tahsil Office, Parali Vaijinath, District : Beed.

.. Respondents.

.........................

Mr. A.M. Kulkarni, Advocate, for the petitioners. Mr. A.M. Phule, Asst. Government Pleader, for respondent nos.1 to 5.

..........................

CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 11TH FEBRUARY 2016 COURT'S ORDER (Per S.V. Gangapurwala, J.) :

1.

Mr. Kulkarni, the learned Counsel for the petitioners, states that the petitioners are entitled for the benefit of compensation on account of hail storm. The petitioners are agriculturists of village Mandwa [Taluka : Parli Vaijanath, District : Beed].

2.

Mr. Phule, the learned Asst. Government Pleader for the respondents, submits that the Government Resolution which provides for

(3) W. P. No. 10913 of 2015 grant of compensation in cases of damage caused due to hail storm, dated 20th March 2014, is applicable to only those agriculturists who have suffered loss of 50 percent or more. 41 agriculturists were found eligible for awarding compensation as per the said Government Resolution. 3.

We have considered the rival submissions. As per the contention of the respondents, the petitioners are not eligible for compensation. The same is also placed on record by way of affidavit filed by the Naib-Tahsildar, Tahsil Office, Parli Vaijanath. 4.

However, formal order will have to be passed by the Collector on the representation of the petitioner. The Collector, Beed, shall pass the orders in respect of the representations of the petitioners [Page 15 with the petition] expeditiously and preferably within six months from today. 5.

The Writ Petition is disposed of accordingly. No costs. ( A.M. BADAR ) ( S.V. GANGAPURWALA ) JUDGE JUDGE ................................

puranik / WP10913.15