Chandrabhaga Rangnath Pawar And Others v. The State Of Maharashtra Through The Principal Secretary And Others

1 wp 8570.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 78 WRIT PETITION NO.8570 OF 2022 CHANDRABHAGA RANGNATH PAWAR AND OTHERS

VERSUS

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

Advocate for Petitioners:

Mr. Pahune Patil Nandkishor J.

AGP for Respondent/State: Mr. S. G. Sangle ...

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

DATE: 23rd AUGUST, 2022 PER COURT:

1.

When called upon, the learned Advocate for the Petitioners concede, notwithstanding a denial statement in Paragraph No.9, that the Petitioners have resorted to execution proceedings for the recovery of the compensation amount which is payable to them in view of the acquisition proceedings. An attachment warrant has also been issued. There is some dispute as regards the change of location of the office and authority who is duty bound to pay the compensation amount to the Petitioners.

2 wp 8570.2022 2.

Once the execution proceedings have been initiated, the executing Court can deal with this aspect and take effective steps. For that purpose, a parallel proceeding cannot be conducted by the Division Bench of the High Court under the writ of Mandamus.

3.

In view of the above, this Petition is disposed off. All contentions of the litigating parties are kept open for the executing court to consider.

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