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Bombay High CourtWP/3648/2023disposed off

Bajirao Bhaurao Wanway v. The State Of Maharashtra Through Secretary And Others

2023-06-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

*1* 923a924wp3642a3648o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO.3642 OF 2023 BAJIRAO BHAURAO WANWAY

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

AND 924 WRIT PETITION NO.3648 OF 2023 BAJIRAO BHAURAO WANWAY

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri Hange Rajendra G. AGP for Respondents 1 to 3/State : Shri S.B. Yawalkar Advocate for Respondent 4 : Shri S.G. Sangle ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 07th June, 2023 Per Court :- 1.

The issue raised in these petitions is similar. The Petitioner in Writ Petition No.3642/2023 has put forth prayer clause B as under:- "B) By issuing the writ of mandamus or any other appropriate writ or order or direction in the like nature, the respondents may kindly be directed

*2* 923a924wp3642a3648o23 to disburse the enhanced compensation amount of Rs. 4,85.007/- along with 15% interest from 11.2.2018 till realization of said amount to the petitioner as per the settlement arrived at Lok Adalat in LAR No. 161 /2007 in respect of the land Gat No.120 admeasuring area 1 H situated at Kinhi Tq. Ashti, Dist. Beed."

2.

The learned AGP submits, on instructions from Respondent No.3/SDO, that within one week the proposals of the Petitioners would be forwarded for releasing the payment. 3.

It is beyond debate that the amount as agreed upon in the Lok-Adalat, while setting the LAR proceedings, has to be paid within six months. If it is not paid, the Petitioners would be entitled for statutory interest. The Lok-Adalat settlement is dated 11.02.2018.

4.

These Writ Petitions are, therefore, disposed off with the direction to Respondent Nos.1, 2 and 3 to ensure that the amount, as agreed in the Lok-Adalat, along with statutory interest for non payment within six months until it is paid, shall be cleared and paid to the Petitioners within sixty (60) days from today.

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