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Bombay High CourtWP/220/2019disposed of

Ladu Mahadev Naik And 15 ORS., v. State Of Goa, Thr. Its Chief Secretary And ANR.,

2019-03-04Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Prithviraj K. Chavan6 pages

IN THE HIGH COURT OF BOMBAY AT GOA.

WRIT PETITION NO. 220 OF 2019.

Shri Ladu Mahadev Naik, son of Shri Mahadev Naik, aged 33 years, occupation Service, residing at 165, Post Wada, Honda, Taluka Satari, Goa, Pin 403506.

Ulhas Kashinath Diukar, Son of Kashinath Diukar, Aged 35 years, Service, Residing at H. No. C 22/455, Odxel, Taleigao, Goa University, 403206.

Shri Deu Thako Zore Son of Shri Thako Zore Aged 46 years, occupation Service, Residing at H. No.118/1, Dhave Tar, Nagargao Valpoi, Sattari, North Goa Pin North Goa, 403506.

Shri Sanjay Bhirankar alias Girodkar, Son of Shri Anant Bhirankar alias Girodkar Aged 34 years, occupation Service, Residing at H.

No.56, Barazan Khadki, Gajanand Shiva Gaokar, Son of Shri Siva Gaonkar, Aged 46 years, occupation Service, Residing at H. No.20, Deulwada, Dhave,

Nagargao, Taluka Sattari North Goa, 403506.

Shri Rupesh Bombado Sawant, son of Shri Bombado Sawant, aged 38 years, occupation Service, residing at H. No.301, Gholwada, Parye, Taluka Satari, Goa 403506.

Shri Sanjay Kashiram Mainkar, Son of Shri Kashiram Mainkar, Aged years, Service, Residing at H. No.

44, Bagwada, Morlem, North Goa, 403505.

Shri Bhagwan Yeshwant Shetkar, Son of Shri Yeshwant Shetkar, Aged 48 years, Occupation Service, Residing at 59, Shiroli, Khalachawada, Querim, 403505.

Shri Yogesh Narayan Rane, Son Shri Narayan Rane, Aged 35 years, Occupation Service, Residing at H. No.

475/1, Tamidgiwada, Sattari Taluka, North Goa 403505.

Gangaram Babu Diofode, Son of Shri Babu Diofode Aged 44 years, Service, Residing at H. No.82, Bandirwada, Caranzol

Shri Santosh Majik, Son of Sajaro Majik, Aged 44 years, Occupation Service, Residing at H. No. 439, Chinchmala, Poirem, Sattari Taluka, Goa Shama Bhago Humane, Son of Shri Bhago Humane, Aged 39 years, Occupation Service, Residing at H. No.48, Maloli, Valpoi, Sattari Taluka, Goa 403506.

Shri Krishna Pandurang Gaonkar, Son of Shri Pandurang Gaonkar, Aged years, Service, Residing at 82, Dhamse, (GPS), Guleli, Nakul Mahadev Gaonkar, Son of Shri Mahadev Gaonkar, Aged 40 years, Occupation Service, Residing at H. No. 92, Kudse, Sattari Taluka, Dharkhand, Valpoi, North Goa, 403506.

Shri Vishnu Ramchandra Majik, Son of Ramchandra Majik, Aged years, Service, Residing at H.

No.202, Bodanwada, Honda, Sattari Taluka, North Goa, 403530.

Shri Mahadev Gaonkar, Son of Shri Bablo Gaonkar, Aged 29 years, Occupation Service, Residing at 28, Savorshem, Sattari Taluka, Birondan, North Goa, V/s State of Goa, Through its Chief Secretary, Having his Office at Secretariat, Porvorim, Goa.

Director, Directorate of Agriculture, Government of Goa, "Krishi Bhavan"

Tonca, Carazalem, Goa 403 002.

........

Respondents.

Mr. S. N. Joshi and Ms. S. Bhat, Advocates for the petitioners. Mr. D. Lawande, Advocate General with Mr. A. Prabhudessai, Additional Government Advocate for the respondent nos.1 and 2. Coram:- M. S. Sonak & Prithviraj K. Chavan,JJ.

Date:- 4th March, 2019.

ORAL JUDGMENT (Per M. S. Sonak, J.) Heard Mr. S. N. Joshi, Advocate for the Petitioners and Mr. D. Lawande, Advocate General for the respondents.

2.

Rule. With the consent and at the request of the learned Counsel for the parties, Rule is made returnable forthwith. 3.

Mr. A. Prabhudessai, learned Additional Government Advocate waives notice on behalf of the respondents.

4.

Consequent upon our order in Civil Application(Review) no.9/2019. We have recalled our earlier order dated 21.2.2019 and restored the present petition.

5.

Mr. Joshi, learned Counsel for the petitioners, pointed out that the issue raised in the present petition stands covered by the judgment and order dated 11.1.2019 in Writ Petition No.889/2018. This position is not disputed by the learned Advocate General who appears for respondents except to point out that in the present case no recovery certificates were issued, certificate of recovery amount seeking to recover an amount from the petitioner. 6.

Taking into consideration the aforesaid position, we direct that the petitioners in Writ Petition No.220/2019 be granted the same benefits as have been granted to the petitioners in Writ Petition

No.889/2018. Accordingly,reasoning in our order dated 11.1.2019 in Writ Petition No.889/2018 is adopted in the present case as well. 7.

Rule is made accordingly absolute in the aforesaid terms. There shall be no order as to costs.

8.

All concerned to act on the basis of the authenticated copy of his order.

PRITHVIRAJ K. CHAVAN,J.

M. S. SONAK, J.