Shivaji Sakharam Agle And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:18401-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO. 8510 OF 2024 SHIVAJI SAKHARAM AGLE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr D. R. Kale, Advocate for Petitioners Mr R. S. Wani, A.G.P. for Respondent Nos.1 to 4 Mr B. R. Surwase, Advocate for Respondent No.5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 16th August, 2024 PER COURT:

1.

This matter was heard on 14/08/2024 and we granted time to the learned Advocate representing the Godavari Marathwada Irrigation Development Corporation (GMIDC) to take instructions. Today, after the matter was called out in the first session, we noticed that the Executive Director of the GMIDC has a role to play in the backdrop of the Award having been delivered on 02/05/2015, Regular Darkhast No.57/2017 having been lodged in 2017 and the S.L.A.O. having asked for funds in 2019, yet the funds were not provided. Hence, we

(2) granted a pass over to the learned Advocate to take instructions about the names of those Executive Directors, who were heading the GMIDC from 2017 on-wards.

2.

After this matter was called out post lunch session, it became apparent before us that the Executive Engineer Smt. S. G. Shahapure, Aurangabad Irrigation Division, is apparently trying to hide the names of those concerned Directors. In spite of repeated request of the Court, the names of the Executive Directors of GMIDC from 2017 on-wards, are not been divulged though we have granted time to take instructions as regards the names of those Executive Directors.

3.

The learned Advocate for the GMIDC again sought a pass over. When the matter is called out before rising, a list of 15 names is tendered to the Court, vide a compilation of three pages. The same has been signed by the Executive Engineer Smt. S. G. Shahapure, Aurangabad Irrigation Division. The said handwritten three pages compilation is taken on record and marked as 'X' for identification.

(3) 4.

The learned Advocate for the GMIDC submits on instructions from Smt. S. G. Shahapure, that the amount payable to the Petitioners would be deposited before the Executing Court on or before 31/08/2024. The learned Advocate for the Petitioners submits that the Petitioners would immediately add the GMIDC in the pending Darkhast proceedings.

5.

In view of the above statements, the Petitioners are satisfied. Hence, this Writ Petition is disposed off. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk