Bala Rangnath Khadke v. The Divisional Commissioner (Land Acquisition), Aurangabad And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2391 OF 2015 Smt.Anusayabai w/o Namdeo Raut and another Petitioners

Versus

The Divisional Commissioner (Land Acquisition), Aurangabad and others Respondents Mr.C.K.Sonawane, advocate for petitioners.

Mrs.M.A.Deshpande, A.G.P. for Respondents No.1 to 3. Mr.Sudhir Bhalerao, advocate for Respondent No.4. WITH WRIT PETITION NO.2398 OF 2015 Sainath s/o Asaram Tagad & others Petitioners

Versus

The Principal Secretary, Rural Development & Water Conservation, Mantralaya, Mumbai and others Respondents Mr.C.K.Sonawane, advocate for petitioners.

Mr.S.G.Karlekar, A.G.P. for Respondents No.1 to 4. Mr.Sudhir Bhalerao, advocate for Respondent No.5. WITH WRIT PETITION NO.2441 OF 2015 Bala s/o Rangnath Khadke Petitioner

Versus

The Divisional Commissioner (Land Acquisition), Aurangabad and others Respondents Mr.C.K.Sonawane, advocate for petitioners.

Mr.S.G.Nandedkar, A.G.P. for Respondents No.1 to 3. Mr.Sudhir Bhalerao, advocate for Respondent No.4.

{2} wp239115.odt CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 21st July, 2015 PER COURT:

The petitioners are seeking directions to the Respondents to release decretal amount towards enhanced compensation awarded in Land Acquisition References.

It is not a matter of dispute that the execution petition has been presented in the year 2014 in the Court of 2nd Joint Civil Judge, Senior Division, Aurangabad, and about 40% amount has been recovered.

It would be open for the petitioners to adopt remedy available under Order XXI of the Code of Civil Procedure for enforcing recovery of balance amount. In exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for in the peculiar facts and circumstances of this case. Writ Petition is devoid of substance.

Writ Petitions stand dismissed.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp239115