Kantilal Bhanudas Walunjkar And Another v. The State Of Maharashtra Through The Secretary And Toerhs

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 WRIT PETITION NO.10347 OF 2023 KANTILAL BHANUDAS WALUNJKAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS AND 982 WRIT PETITION NO.10389 OF 2023 RAVINDRA NAMDEV ASABE AND OTHERS

VERSUS

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

Mr R. K. Temkar, Advocate for Petitioners;

Mr V. M. Kagne, A.G.P. for Respondent Nos.1 to 3 Mr A. M. Gaikwad, Advocate for Respondent Nos.4 & 5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 22nd August, 2023 PER COURT:

1.

The Petitioners in these petitions are identically placed. Prayer clause (C) in Writ Petition No.10347/2023 reads as under :- "C.

The respondents may please be directed to forthwith decide & consider the representations dated 14.11.2022, 26.06.2023 & 27.06.2023 made by the petitioners and pay them the amount of rental compensation in respect of the lands bearing Gat No.25 admeasuring 1 H. 20 R. & Gat

(2) No.27 admeasuring 10 R. situated at Kumbhephal, Tq. Karjat, Dist. Ahmednagar, in view of the Government Resolutions dated 01.12.1972 & subsequent Government Resolution dated 02.04.1979, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus."

2.

The Petitioners in Writ Petition No.10389/2023 have put forth prayer clause (C) as under :- "C.

The respondents may please be directed to forthwith decide & consider the representations dated 22.06.2023, & 26.06.2023 made by the petitioners and pay them the amount of rental compensation in respect of the lands bearing Gat No.173 admeasuring 25 R., Gat No.166/4 admeasuring 9 R., Gat No.169 admeasuring 10 R., Gat No.170 admeasuring 49 R. and Gat No.171 admeasuring 15 R. situated at Netkewadi, Tq. Karjat, Dist. Ahmednagar in view of the Government Resolutions dated 01.12.1972 & subsequent Government Resolution dated 02.04.1979, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus." 3.

Since the leaned Advocate Shri. Gaikwad is on the Panel of Respondent Nos.4 and 5 and a short issued is involved in these petitions, we requested him to cause his appearance in these matters.

4.

Both these matters are disposed off.

(3) 5.

Let Respondent Nos.4 and 5 forward the representations of the Petitioners to the District Collector, Ahmednagar along with their inputs in details, as regards the cause raised by these Petitioners. This exercise be completed within 30 days from today. Thereafter, the District Collector would consider the entire issue and by following the due procedure laid down in law, arrive at a conclusion within 60 days and communicate the said decision to the Petitioners within 15 days, thereafter.

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