Kashinath Laxman Jadhav And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8028 OF 2013 Raosaheb Sakharam Kute and another Petitioners

Versus

The State of Maharashtra and others Respondents WITH WRIT PETITION NO.8033 OF 2013 Kashinath Laxman Jadhav and others Petitioners

Versus

The State of Maharashtra and others Respondents Mr. A.A. Mukhedkar advocate for the petitioners Mr. G.R. Ingole, AGP for Respondent Nos.1 to 4 ______________ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 24th February, 2015.

PER COURT :- Joint family property belonging to the petitioner came to be acquired for Parbhani Agricultural University in the year 1988. It is not a matter of dispute that, the father of the petitioner as well as the other legal heirs of the joint family received the amount of compensation in proportion to their entitlement. It is not a matter of dispute that, the father of the petitioner has been allotted a plot

{2} wp 8028.13.odt under the Rehabilitation scheme. Petitioner claims that since he has been awarded amount towards the compensation in respect of acquisition of the property along with his father and other legal heirs, he is entitled to claim separate plot. It is not a matter of dispute that, the partition of the family property has been effected and shares in the property to each of the members has been determined. Under the scheme of rehabilitation, the family of the petitioner has received the benefits.

In this view of the matter, we are of the considered view that the petition presented by the petitioner at the belated stage deserves no consideration in exercise of jurisdiction under article 226 of the Constitution.

The petition stands rejected.

(P.R. BORA, J) (R.M.BORDE, J) vbd