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Bombay High CourtWP/6471/2022disposed off

Waman Babusingh Rathod v. The State Of Maharashtra Thr. Secretary For Rural Development Dept., Mumbai And Others

2023-04-24Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 w.p. 6471.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 6471 of 2022 [Waman Babusingh Rathod ..vs.. The State of Maharashtra through its Secretary for Rural Development Department and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. M. Vaishnav, Advocate for the petitioner Mr. N. S. Rao, A. G. P. for respondent no. 1 Mr. U. J. Deshpande, Advocate for respondent nos. 2 and 3 CORAM : ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI, J J.

DATED : 24-4 -202 The petitioner has given the undertaking that "as respondent - Zilla Parishad during the course of hearing has stated before this Court that after the order is passed in Writ Petition No. 5763/2022 in which the order dated 2-9-2022 proposing recovery is set aside and matter is remanded back as there could be a recovery against the petitioner, the terminal benefits are withheld. Accordingly, the petitioner has filed this undertaking that if the order of recovery against the petitioner is passed, the petitioner will deposit the said amount in this Court subject to challenging the said action before the competent authority."

2 w.p. 6471.2022.odt 2.

Direction is given to Zilla Parishad, Akola to release the terminal benefits of the petitioner within eight weeks as per prayer clause (i) of the petition except the interest.

3.

In view of the undertaking given by the petitioner, the petition stands disposed of.

(Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK