Radhakisan Bhau Hakwane And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

12353.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO.12353 OF 2023 RADHAKISAN BHAU HAKWANE AND OTHERS

VERSUS

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

Mr B. B. Shinde, Advocate for Petitioners;

Mr V. M. Kagne, A.G.P. for Respondent Nos.1 to 3 Mr S. R. Yadav-Lonikar, Advocate for Respondent No.4 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 9th October, 2023 PER COURT:

1.

The Petitioners have put forth prayer clauses (B) and (C), which read as under :- "B) By issuing the writ of mandamus or any other appropriate writ or direction in the like nature, the respondent authorities may kindly be directed to take the decision on the applications dated 06.07.2023 filed by the present petitioners and to pay rental compensation to the petitioners with stipulated time along with statutory interest @ 8% thereon till realization of amount.

C) During the pendency of the present writ petition, the respondent nos.2 & 3 may kindly be directed to take decision on applications dated 06.07.2023 filed by the present petitioners forthwith."

12353.23wp (2) 2.

The Petitioners are merely seeking a direction that the applications dated 12/09/2022-06/07/2023, tendered by them, be considered by Respondent No.4/Executive Engineer, Minor Irrigation, Zilla Parishad, Jalna, on their own merits and decide the issue, as to whether the Petitioners are entitled for rental compensation and the statutory interest thereon. 3.

In view of the above, we are not issuing notice to the parties, as no purpose would be served by keeping this Writ Petition pending.

4.

As such, this Writ Petition is disposed off, with a direction to Respondent No.4/Executive Engineer, Minor Irrigation, Zilla Parishad, Jalna, to consider the applications of the Petitioners, on their own merits and strictly in accordance with law, within a period of 120 days.

5.

Deficit court-fees of Rs.500/- and Rs.1/- on the Vakil Patra, shall be paid by the Petitioners.

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