Ganpat Shenphad Tayde v. The State Of Maharashtra And Others

1 ca 12785.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12785 OF 2016 IN WRIT PETITION NO. 8140 OF 2015 Navnath Narayan Sakhle C. A. NO. 12786 OF 2016 IN W. P. NO. 7560 OF 2015 Eknath Kisan Rahte C. A. NO. 12787 OF 2016 IN W. P. NO. 7845 OF 2015 Tejrao Putala Sakhare Died through L.Rs. Bhagirathi Tejrao Sakhare.. Applicant C. A. NO. 12788 OF 2016 IN W. P. NO. 8137 OF 2015 Kashinath Trambak Sakhale C. A. NO. 12789 OF 2016 IN W. P. NO. 8136 OF 2015

2 ca 12785.16 Jankiram Shamrao Sirsat C. A. NO. 12790 OF 2016 IN W. P. NO. 8141 OF 2015 Ramkrishna Keshav Aute C. A. NO. 12793 OF 2016 IN W. P. NO. 7570 OF 2015 Jagannath Shahuba Salve C. A. NO. 12798 OF 2016 IN W. P. NO. 8143 OF 2015 Bhaskar Piraji Tayade C. A. NO. 12799 OF 2016 IN W. P. NO. 8142 OF 2015 Uttam Balwanta Sakhle C. A. NO. 12801 OF 2016 IN W. P. NO. 8144 OF 2015 Keshav Rajaram Nagve

3 ca 12785.16 C. A. NO. 12807 OF 2016 IN W. P. NO. 8147 OF 2015 Gajanan Tukaram Dutonde C. A. NO. 12808 OF 2016 IN W. P. NO. 8145 OF 2015 Ganpat Shenphad Tayde C. A. NO. 12809 OF 2016 IN W. P. NO. 8148 OF 2015 Bharatsingh Harsingh Suryawanshi C. A. NO. 12814 OF 2016 IN W. P. NO. 8153 OF 2015 Dhanaji Pundlik Shinde C. A. NO. 12815 OF 2016 IN W. P. NO. 8152 OF 2015 Saluba Bala Kale Died through L.Rs.

Anusayabai and others .. Applicants

4 ca 12785.16 C. A. NO. 12816 OF 2016 IN W. P. NO. 8150 OF 2015 Damodhar Shankar Ingle C. A. NO. 12818 OF 2016 IN W. P. NO. 8151 OF 2015 Deoram Namdeo Raut Shri Ashok A. More, Advocate for Applicants in all matters. Shri V. S. Badakh, A.G.P. for Respondents/State in all matters. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 07TH OCTOBER, 2016.

PER COURT :

.

Mr. More, the learned counsel for applicants submits that, inspite of the fact that this Court had passed order in writ petitions on 06th August, 2015, as yet, except five petitioners in the writ petitions, others have not been paid the gratuity amount, though Revenue Recovery Certificate (R.R.C.) is issued in their favour. Only five of the petitioners are paid the gratuity amount. Molasses, which is lying there, has been sold, but the Tahsildar has not taken any action. Every time the applicants/petitioners visited the Tahsildar, the Tahsildar states

5 ca 12785.16 that, the action would be taken, however, no effective action is taken.

2.

The learned Assistant Government Pleader states that, the respondent is trying to take action. Five of the petitioners are paid the gratuity amount and for rests also efforts are taken. 3.

We had not laid down any time frame in the order. However, we expected that, the authority shall take steps expeditiously to execute the same, considering that, it is the amount with regard to gratuity and the petitioners are senior citizens.

4.

The Revenue Authorities are required to be sensitive to the amount, which is payable as retiral benefit to the retired employees and considering that they are senior citizens. The Tahsildar and such authorities cannot demonstrate apathy to such issues.

5.

The Revenue Authorities shall take positive steps to implement the order and the Revenue Recovery Certificate on priority basis. The authority shall demonstrate by its action that the steps are taken for executing revenue recovery certificate and for the payment of the amount to the petitioners/applicants expeditiously. We expect the authority to take positive steps in

6 ca 12785.16 this regard within eight weeks from today. The civil applications are disposed of.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Oct. 16