Sambhaji Namdev Chavan v. The State Maharashtra Through Collector Sangli And ORS

16-WP-455-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 455 OF 2024 Sambhaji Namdev Chavan

...Petitioner

Versus

The State Maharashtra Through Collector Sangli And Ors

...Respondents

__________ Adv. Sandeep Koregave, for the Petitioner.

Adv. A.I. Patel a/w M. S. Bane, for the Respondent Nos. 1 and 2. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

11 FEBRUARY 2025 P.C.:

1.

Issue notice to the respondent Nos. 4 and 5, returnable on 18 February 2025. In addition to the Court notice, learned advocate for the petitioner is permitted to serve the respondents by private service by all permissible modes and place on record an affidavit of service. Hamdast is permitted. 2.

In the event despite service of notice, the served respondents are not represented on the adjourned date of hearing, the Court shall proceed to hear the parties as appearing and pass appropriate orders. 3.

Let a copy of this order be also forwarded to the respondents along with the notice by the learned advocate for the petitioner. 4.

The petitioner is praying that the Collector/Tahsildar take action under the recovery certificate issued in favour of the petitioner, dated 16 June 2015. Mayur Adane, PA

16-WP-455-2024 (C).doc 5.

The orders which are passed under the Workmen Compensation Act have attained finality. In our opinion, as there is no dispute in regard to the amounts due and payable to the petitioner under the recovery certificate, the Collector is required to take appropriate action on the recovery certificate. As the concerned officer is the Tahsildar, Tq. Jat, Dist. Sangli, he shall inform the Court of the steps taken on or before the adjourned date of hearing. 6.

In the event, the Tahsildar recover the amount, the same be paid to the petitioner.

7.

The Tahsildar to act on authenticated copy of this order. 8.

Mr. Patel, learned AGP shall communicate the order to Tahsildar, Jat. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur Adane, PA