Raju Vitthal Kale And Another v. The State Of Maharashtra Through The Principal Secretary And Others

1 wp 8551.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 WRIT PETITION NO.8551 OF 2022 RAJU VITTHAL KALE AND ANOTHER

VERSUS

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

Advocate for Petitioners: Mr. S. N. Pahune Patil h/f. Mr. Pahune Patil Nandkishor J.

AGP for Respondent/State: Mr. S. K. Tambe ...

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

DATE: 23rd AUGUST, 2022 PER COURT:

1.

The Petitioners have put-forth prayer clause 'C', as under:- "C] The Respondent No. 2 to 9 may kindly be directed to jointly deposit and amount of Rs.1,75,00,000/- as interim compensation during pendency of this writ petition and for that purpose necessary writ and orders may kindly be issued."

2 wp 8551.2022 2.

The learned AGP points out that the Petitioners have already preferred an execution proceeding and through the execution proceeding, applications for seeking attachment warrants and other remedies, have been filed. He, therefore, raises a grievance that when the Petitioners have already availed of a statutory remedy by preferring execution proceeding, a writ petition seeking a direction to deposit the compensation amount in this Court, amounts to resorting to 2 remedies for the same cause.

3.

Since the Petitioners concede that there is an execution proceeding pending and the executing court is dealing with the same, it would be inappropriate for this Court to exercise it's writ jurisdiction.

4.

In view of the above, this Petition is disposed off.

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