Bhagwan Dnyanoba Gite v. The State Of Maharashtra Through The Secretary And Others

9648.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 WRIT PETITION NO.9648 OF 2023 BHAGWAN DNYANOBA GITE

VERSUS

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

Mr L. H. Kawale, Advocate h/f Mr K. J. Suryawanshi, Advocate for Petitioner;

Mr S. B. Yawalkar, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 8th August, 2023 PER COURT:

1.

The Petitioner's grievance is voiced in prayer clause (B) as under :- "B) By issuing writ of mandamus orders, or directions in like nature, the respondent no.4 to 6 be directed to pay the compensation amount of Rs. 15,69,500/- with interest thereon @ Rs. 15% p.a. with effect from January 2018 towards the loss of 133 fruit trees, within stipulated period."

2.

We are informed that, a Committee has been constituted in terms of the Government Resolution dated

9648.23wp (2) 31/05/2017 as per clause 3.1, insofar as the case of the Petitioner is concerned.

3.

The learned Advocate for the Petitioner submits that the said Committee may be directed to take a decision at the earliest, since the Petitioner is 70 years old and there is already a report dated 27/07/2018, filed by the Taluka Agricultural Officer, Sengaon, conceding that 133 fruit bearing trees are affected by laying of the 132 KV line by the MSEDCL, Parbhani. 4.

In view of the above, this petition is disposed off, with a direction to Respondent No.3, to deal with the case of the Petitioner, by following the due procedure laid down in law and after hearing all the stakeholders, take a decision on the merits of the claim, within 60 days from today.

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