Bombay High Court
The State Of Maharashtra Thru Sub ... vs Laxman Sukdev Patil And Others on 22 October, 2019
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
WP/13185/2019 & ORS
1 of 3
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13185 OF 2019
WITH WP/13186/2019 WITH WP/13187/2019 WITH
WP/13188/2019 WITH WP/13189/2019 WITH WP/13190/2019
WITH WP/13191/2019 WITH WP/13192/2019 WITH
WP/13193/2019 WITH WP/13194/2019 WITH WP/13195/2019
WITH WP/13196/2019 WITH WP/13197/2019 WITH
WP/13198/2019 WITH WP/13199/2019 WITH WP/13200/2019
WITH WP/13201/2019 WITH WP/13202/2019
THE STATE OF MAHARASHTRA
VERSUS
VASANT KASHIRAM PATIL AND OTHERS
...
AGP for Petitioner : Shri Yadav-Lonikar S.R.
Advocate for Respondent 1 : Shri Bhokarikar M.M.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: October 22, 2019 ...
PER COURT :-
1. The identical petitioner in all these matters is aggrieved by identical orders dated 26.7.2019 and 7.8.2019 passed by the executing Court in the pending execution proceedings.
2. I have briefly heard the learned AGP on behalf of the petitioner and Shri Bhokarikar on behalf of the claimants in all the matters.
3. The issue raised is that the executing Court has frozen that ::: Uploaded on - 22/10/2019 ::: Downloaded on - 23/10/2019 04:14:07 ::: WP/13185/2019 & ORS
2 of 3 Bank account of the petitioner, in which, money has been deposited by the Corporation for disbursement of the claim amounts to different claimants from a different project. The impugned order clearly indicates the observation of the executing Court that, "Though SLAO / SDM is not party to the proceeding, but the amount in her account is made over by Tapi Irrigation Department which also provides amounts to Minor Irrigation Department i.e. J.D."
4. Shri Bhokarikar, learned Advocate submits that in several matters pertaining to the award put up for execution in these proceedings. First Appeals have been filed by the acquiring body and this Court has stayed the award by order 16.9.2019 on the condition that the acquiring body would deposit the amount in this Court on/or before 4.2.2020.
5. Issue notice to respondents 1 and 3, returnable on 17.12.2019.
6. Shri Bhokarikar, learned Advocate waives service for all the claimants / respondents. No notice is required to be issued to the Special Land Acquisition Officer since he is a formal party.
7. Considering the above and the order passed by the First ::: Uploaded on - 22/10/2019 ::: Downloaded on - 23/10/2019 04:14:07 ::: WP/13185/2019 & ORS 3 of 3 Appellate Court, the impugned order dated 26.7.2019 and 7.8.2019 shall stand stayed and the Bank accounts of the petitioner shall stand de-frozen.
( RAVINDRA V. GHUGE, J. ) ...
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