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Bombay High CourtWP/1041/2024disposed off

Tarachand Sambhaji Bawankule And Others v. The State Of Maharashtra, Thr. The Collector, Chandrapur And Others

2024-07-22Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 1041 OF 2024 (Tarachand Sambhaji Bawankule and others Vs. The State of Maharashtra and others.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.P. Giratkar, Advocate for petitioners. Mr. D.P. Thakare, Additional Government Pleader for respondent Nos. 1 to 3.

Mr. M.A. Kadu, Advocate for respondent No. 5. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI, JJ.

DATED : 22 -0 7 -2024 On 14.2.2024, this Court issued notice to the respondents and Mr. Thakare, learned Additional Government Pleader has waived notice for the respondent Nos. 1 to 3. The respondent No. 4 was independently served whereas vide amendment granted on 29.4.2024, respondent No. 5 was impleaded and also shown to be served.

2.

Considering the nature of claim i.e. non payment of compensation, we permitted the petitioner to appear before the respondent No. 2. However, it is respondent No. 4, who appears to be the competent authority. Since 14.2.2024 i.e. after the date of notice, respondent No. 4 despite service of notice, neither contacted the Office of learned Government Pleader nor placed on record any affidavit in the matter.

3.

Today, an excuse is given by the respondent No. 4 that he is busy in handling the flood situation.

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From the communication dated 29.2.2024 issued by the respondent No. 2 to respondent No. 4, it is apparent that respondent No. 4 was aware about the responsibility to release the compensation, which is not done till this date.

5.

In this background, when confronted, Mr. Thakare, learned Additional Government Pleader submits that the entire issue shall be resolved by 25.7.2024. In this background, we post the hearing to 29.7.2024 by way of last chance.

6.

In case the respondent No. 4 fails to file response by the said date, this Court will be constrained to proceed against the respondent No. 4 under the provisions of Contempt of Courts Act, 1971.

7.

Learned Additional Government Pleader to communicate this order to the respondent No. 4. 8.

Stand over to 29.7.2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 23/07/2024 18:41:16