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Bombay High CourtCA/15793/2016disposed offdismissed for default

Kautik Bhika Bankar v. The State Of Maharashtra And Others

2016-12-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.15793 OF 2016 IN WRIT PETITION NO.8146 OF 2015 Kautik Bhika Bankar Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.A.A.More, advocate for the applicant.

Ms.R.P.Gour, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 09.12.2016.

PER COURT :

1.

Heard.

2.

Mr.More, learned counsel for applicant submits that inspite of the fact that this Court had passed order in writ petitions on 6th 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 applicant/petitioner visited the Tahsildar, the Tahsildar states that, the action would be taken, however, no

effective action is taken.

3.

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. 4.

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 petitioner is senior citizen. 5.

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 can not demonstrate apathy to such issues. 6.

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 petitioner/applicant expeditiously. We expect the authority to take positive steps in this regard within eight (8) weeks from today.

7.

The Civil Application is disposed of.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.09.12.2016.

asp/office/Ca15793.16