Nandakumar Sarjerao Gote And ANR v. Tatyaba Bhauso Paigude And ORS

909-WP 2116-24@IA 3524-24.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2024.10.21 17:45:44 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2116 OF 2024 WITH INTERIM APPLICATION NO. 3524 OF 2024 Tatyaba Bhauso Paigude & Ors.

..Petitioners Vs.

The State of Maharashtra & Ors.

...Respondents

_______ Mr. Prathamesh Bhargude i/b. Mr. Ranjit Shinde for Petitioners. Mr. Pratik Rahade for Applicant in IA.

Ms. S. S. Bhende, AGP for State.

Mr. Bhooshan Mandlik for Respondent Nos.5 & 6. _______

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

17 OCTOBER 2024 P.C.

1.

Leave to amend to implead the Maharashtra State Road Development Corporation (MSRDC) as a party respondent. Let the added respondent be served with the notice. In addition to the Court notice, learned advocate for the petitioners is permitted to serve the added respondent by private service by all permissible modes and place on record an affidavit of service. 2.

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

Considering the peculiar facts of the case and more particularly that the Sub-Divisional Officer/SLAO although paid the amount of compensation of Rs.9.50 Crores, however, according to the petitioners, an 17 October 2024

909-WP 2116-24@IA 3524-24.DOC illegal action of freezing the petitioners' account is taken and an amount of Rs. 2.67 Crores is withdrawn from the petitioners' bank account. Learned counsel for the petitioners submits that the SDO would not have any such jurisdiction to resort to such action and more particularly when the possession of the petitioners' land was taken over. 4.

We would accordingly direct the SDO to file a reply affidavit as also explaining the jurisdiction and powers to freeze the account as also to withdraw the compensation amount as already paid to the petitioners. 5.

List the proceedings on 14 November 2024 (H.O.B.). 6.

Till the adjourned date of hearing, ad-interim order dated 14 March 2024 passed by this Court (Nitin Jamdar & M. M. Sathaye, JJ.) shall continue to operate.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI, J.) 17 October 2024