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Bombay High CourtWP/1682/2017partly allowed and partly dismissed

Ram S/O. Babanrao Waregaonkar v. The State Of Maharashtra And Others

2020-12-08Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar2 pages

1 Cri.W.P. No. 1682/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 19.

CRIMINAL WRIT PETITION NO.1682 OF 2017 RAM S/O. BABANRAO WAREGAONKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. V.D. Sapkal, Senior Advocate, i/by Mr. S.R. sapkal, Adv. For petitioner Mr. S.D. Ghayal, Addl. Public Prosecutor for Respts. No.1 to 3 /State Mr. Rajendra S. Deshmukh, Senior Advocate, I./by Mr. Govind A. Kulkarni, Advocate for Respt. No.4 C ORAM : T.V. NALAWADE & M.G. SEWLIKAR , JJ.

DATE : 8th December, 2020 OPERATIVE ORDER :

I.

The petition is partly allowed. Respondents No.1, 2 (the Commissioner, who was working at the relevant time) and respondent No.4 are to pay Rs. 7,00,000/- (Rs. Seven lacs only) to the petitioner as a compensation. The amount is to be deposited initially by respondent No.1 within 45 (forty five) days from today. If the amount is not deposited within the time, it shall carry interest at the rate of 8% per annum.

II.

It is open to the State to proceed against respondents

2 Cri.W.P. No. 1682/2017 No. 2 and 4 and after making enquiry fasten the responsibility on them in respect of the amount, which the state is required to pay in the proceeding.

III.

Rule is made absolute in aforesaid terms.

IV.

Reasons to follow.

Sd/- Sd/- ( M.G. SEWLIKAR ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar