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Bombay High CourtWP/14427/2021disposed off

Marathwada Sarva Shramik Sanghtana Through Its Joint Secretary Uddhav Namdeo Shinde v. State Of Maharashtra Through Secretary And Others

2021-12-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

(1) 958-wp-14427-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14427 OF 2021 MARATHWADA SARVA SHRAMIK SANGHTANA THROUGH ITS JOINT SECRETARY UDDHAV NAMDEO SHINDE..PETITIONER

VERSUS

STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Parag V. Barde, Advocate for the Petitioner. Mr. P. S. Patil, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 21st DECEMBER, 2021.

PER COURT:- 1.

The learned counsel for the petitioner submit that, revenue recovery certificate has been issued in favour of petitioner on 20th May, 2019. The revenue authorities are not taking any steps to execute the revenue recovery certificate.

2.

Mr. Patil, the learned AGP submits that, in fact the proposal was moved by Respondent Nos.5 to 9 to Respondent No.8 for getting the amount payable to the petitioner and Respondent No.8 has forwarded it to Respondent No.5. The Respondent No.5 would take decision upon it. The Respondent No.5 may take decision on the said proposal as is forward to him preferably within two months. If the proposal as forwarded by the Respondent Nos.5

(2) 958-wp-14427-2021 to 9 to Respondent No.8 and Respondent No.8 in turn to Respondent No.5 is not fructified within a period of three months, then the concerned authority shall execute the revenue recovery certificate in favour of petitioner. Ofcourse the petitioner shall cooperate by showing the properties of the persons against whom the said revenue recovery certificates are to be executed. 3.

As observed above, if within three months, the said proposal as contended by the learned AGP is not fructified, then steps shall be initiated expeditiously and the said proceeding shall be taken to its logical end by taking all steps required under the Maharashtra Land Revenue Code to execute the revenue recovery certificate expeditiously, if possible within six months. 4.

Writ Petition is disposed of. No costs.

(S. G. DIGE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/December-2021