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Bombay High CourtWP/14072/2018disposed off

Panchakshari Mallikarjun Swami And Others v. The State Of Maharashtra And Others

2022-02-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 94 WRIT PETITION NO.7300 OF 2018 SANTOSH PRALHAD CHARPALLE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.K.P.Rodge h/f. Mr.S.S.Deshmukh(Patnurkar) Addl.GP for Respondent-State : Mr.S.B.Yawalkar Advocate for Respondent nos.6 and 7 : Mr.S.P.Sonpawale ...

WITH WRIT PETITION NO.1060 OF 2018 BALASAHEB ANNARAO PATIL & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioners : Mr.R.K.Ashtekar Addl.GP for Respondent-State : Mr.S.B.Yawalkar Advocate for Respondent no.5 : Mr.A.M.Gaikwad ...

WITH WRIT PETITION NO.14072 OF 2018 PANCHAKSHARI MALLIKARJUN SWAMI & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.K.P.Rodge Addl.GP for Respondent-State : Mr.S.B.Yawalkar Advocate for Respondent no.5 : Mr.S.P.Sonpawale ...

WITH WRIT PETITION NO.3279 OF 2018 SHESHRAO VENKATRAO SHINDE & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.S.S.Chillarge Addl.GP for Respondent-State : Mr.S.B.Yawalkar Advocate for Respondent nos.4 and 7 : Mr.S.P.Sonpawale ...

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

DATE : 28.02.2022 P.C. :

1] Mr.Rodge, learned counsel for the petitioners submits that principal amount is paid, however, interest has not been paid. Learned counsel further submits that the Sub Divisional Officer & Special Land Acquisition Officer, Nilanga and the Executive Engineer, Latur Minor Irrigation Division, Latur deliberately did not make payment of the amount due and payable to the petitioners. Because of non payment of the amount, treatment to the father of Santosh Pralhad Charpalle i.e. petitioner in Writ Petition No.7300 of 2018 could not be given and father of the petitioner succumbed to heart disease. Therefore, various applications are given to take action against aforesaid respondents and the Collector has considered the applications of the petitioners and issued directions in that regard.

2] Mr.Sonpawale, learned counsel for the respondent nos. 6 and 7 submits that the amount of compensation has been deposited and paid in the year 2019.

3] As far as payment of the amount of the award is concerned, the same appears to have been paid. In case the petitioners have grievance with regard to the interest, the provisions of the Statute are amply clear. The petitioners may prosecute remedy as available under the Statute. 4] As far as relief claimed against the Sub Divisional Officer & Special Land Acquisition Officer, Nilanga and the Executive Engineer, Latur Minor Irrigation Division, Latur in their personal capacity is concerned, according to the petitioners, the directions are already issued for conducting enquiry. The petitioners may prosecute their representations as may be permissible under law.

5] In view of that, all Writ Petitions are disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC