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Bombay High CourtWP/12012/2022disposed off

Kachru Govinda Pathre v. The State Of Maharashtra Through The Secretary And Others

2023-01-23Hon'Ble The Acting Chief Justice,Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12005 OF 2022 Ramesh Sundarlal Agrawal .. Petitioner

Versus

The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 12011 OF 2022 Pandit Girjuba Sable .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 12012 OF 2022 Kachru Govinda Pathre .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 12164 OF 2022 Kaduba Sampat Kakde .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 12195 OF 2022 Haribhau Narayan Badak Since deceased through his L.Rs.

Kasturabai Haribhau Badak and others .. Petitioners

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 12243 OF 2022 Vishwanath Bhivsan Admane .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 164 OF 2023 Pandurang Trimbak Aher .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 168 OF 2023 Namdeo Surmaji Sultane .. Petitioner

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The State of Maharashtra and others .. Respondents AND WRIT PETITION NO. 169 OF 2023 Pandurang Trimbak Aher .. Petitioner

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The State of Maharashtra and others .. Respondents Mr. Ashok A. More, Advocate for the Petitioner in all matters. Mr. S. J. Salgar, A.G.P. for the Respondent Nos. 1 to 3 in all matters. CORAM : S. V. GANGAPURWALA, A.C.J. & GAURI GODSE J.

DATED : 23RD JANUARY, 2023.

FINAL ORDER :

.

The learned counsel for the petitioners submits that the respondents-authorities are not executing the recovery certificates in favour of the petitioners and against respondent No. 4. 2.

It is for the respondents-authorities to execute the recovery certificates in accordance with law, keeping in mind existence of charge over the property and rights of other creditors, if any.

3.

The respondents-authorities may execute the recovery certificates expeditiously, keeping in view of the aforesaid facts. 4.

Writ petitions are disposed of. No costs.

[ GAURI GODSE, J. ] [ ACTING CHIEF JUSTICE ] bsb/Jan. 23