Sahebrao Khandu Rakade v. The State Of Maharashtra Through The Secretary And Others
2024:BHC-AUG:11028-DB *1* 904a906a907y wp1619a5456a5477
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO. 1619 OF 2024 DAGADUBA RAMBHAJI METE DIED THROUGH LRS BHAGUBAI DAGADUBA METE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS .....
AND 906 WRIT PETITION NO. 5476 OF 2024 SAHEBRAO KHANDU RAKADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
AND 907 WRIT PETITION NO. 5477 OF 2024 SAHEBRAO KHANDU RAKADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
Shri Ashok More, Advocate for the Petitioners. Shri M.M. Nerlikar, AGP for Respondent Nos.1 to 3/ State. ...
CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.
DATE :- 13th June, 2024
*2* 904a906a907y wp1619a5456a5477 Per Court :- 1.
In all these petitions, the issue raised by the Petitioners is that each of them is equipped with a Revenue Recovery Certificate (RRC). The District Collector has issued directions to the Tahsildar to execute the RRCs. 2.
The learned AGP submits, on instructions, that there are several such matters wherein, this Court has issued directions. With regard to the Sugar Factory, namely, Siddheshwar Sahakari Sakhar Karkhana, Maniknagar, Sillod, time and again the Tahsildar has made efforts to auction the property. Whenever there has been success in disposing of any portion of the property, the RRCs of the employees have been satisfied. He places on record a copy of the communication (three pages) dated 12.06.2024, received by him from the Tahsildar, Sillod, indicating the steps taken for auctioning the property, certain orders passed by this Court and steps for satisfying some of the RRCs depending upon generation of the funds post auction. The said communication is marked as 'X' for identification.
*3* 904a906a907y wp1619a5456a5477 3.
Since we are informed that there are several such employees, who are armed with RRCs, we deem it appropriate to direct the concerned Tahsildar to follow the dates of the RRCs while distributing the dues payable to the RRC holders. This would avoid picking and choosing persons for disbursement of their dues and it would be a disciplined method by following the dates of the RRCs, rather than following the principle of 'First Come First Pay'. In short, the Tahsildar would be duty bound to go by the dates of the RRCs and the oldest RRC will be satisfied at the earliest. As and when the turn of the Petitioners arrives in the light of their RRCs, such amounts will be disbursed, provided there is no other legal impediment or there is no embargo created by any order of the Court.
4.
All the three Writ Petitions are disposed off with the above directions.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)