Laxman Appa Amble And ORS v. The State Of Maharashtra And ORS

2025:BHC-AS:2539-DB Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15596 OF 2022 Laxman Appa Amble and ors.

...Petitioners

Versus

The State of Maharashtra and ors.

...Respondents

______________________________________________________ Mr Satish Kumbhar, for Petitioners.

Ms S. S. Bhende, AGP, for the Respondent-State. ______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

17 January 2025 PC:- 1.

Heard learned counsel for the parties.

2.

Learned counsel for the Petitioners invites this Court's attention to the order dated 29 March 2000 (Exhibit 'A' at page 23 of the paper-book) of the Additional Commissioner (Pune Division) by which the Additional Commissioner, on an Appeal by the Petitioners, remanded the matter to the District Collector & Deputy Director (Rehabilitation) to decide Petitioners' application in the light of the remand order. The Petitioners complain that till today this remand order is not complied with.

3.

Ms Bhende, learned AGP is not in a position to make a statement about the status of compliance with the remand order.

4.

Therefore, we dispose of this Petition by directing the District Collector & Deputy Director (Rehabilitation) to dispose of the matter remanded by the Additional Commissioner by his order dated 29 March 2000 within three months from the Petitioners filing an authenticated copy of this order, if, the matter is not already disposed of. 5.

The Petitioners should appear before the District Collector & Deputy Director (Rehabilitation), Kolhapur on 28 January 2025 and file an authenticated copy of this order. Since, the matter has been delayed, it is better if the Petitioners also file all necessary papers like the application to be considered, appeal memo and the order of the Additional Commissioner. The District Collector & Deputy Director (Rehabilitation), Kolhapur must dispose of the matter within three months after giving the Petitioners an opportunity of hearing and passing a reasoned order. The reasoned order must be communicated to the Petitioners within three months as indicated above.

6.

If the Petitioners are aggrieved by the District Collector & Deputy Director (Rehabilitation)'s decision, the Petitioners will be at liberty to resort to appropriate remedies available under the law.

7.

The Petition is disposed of in the above terms without any cost order.

8.

All concerned to act on an authenticated copy of this order.

(Jitendra Jain, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 20/01/2025 13:48:14