Citation : 2016 Latest Caselaw 2064 Bom
Judgement Date : 29 April, 2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 4082 OF 2015
Kashinath Ramchandra Choudhari
aged 58 years, occupation - Retired,
Talukya Agriculture Officer,
Maharashtra Agricultural Services
Class II, r/o Giri Nagar, Near Nana
Apartment, Gourakshan Road,
Akola 444 004. ... PETITIONER
Versusig
1. The State of Maharashtra
through its Secretary,
Agricultural, Animal Husbandry,
Dairy and Fisheries Development,
Mantralaya Extension, Mumbai,
Mumbai 400 032.
2. The District Superintending
Agriculture Officer, Murtizapur
Road, Akola, District - Akola.
3. The Sub-Divisional Agriculture
Officer in the office of the
Sub-Divisional Agriculture Officer,
Ratanlal Plot Chowk, Near
Shrikrushna Temple, Akola,
District - Akola.
4. The Accountant General (A & E) II,
the office of the Accountant General
(A & E) - II, Maharashtra, Nagpur
440 001.
5. The Agriculture Development Officer,
Zilla Parishad, Akola, District - Akola. ... RESPONDENTS
Shri Y.P. Kaslikar, Advocate for the petitioner.
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Shri B.M. Lonare, AGP for respondent Nos. 1 to 4.
Shri Gopal Mishra, Advocate for respondent No. 5.
.....
CORAM : B.P. DHARMADHIKARI &
P.N. DESHMUKH, JJ.
APRIL 29, 2016.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
Heard Shri Kaslikar, learned counsel for the
petitioner, Shri Lonare, learned AGP for respondent Nos. 1 to 4
and Shri Mishra, learned counsel for respondent No. 5.
2. Respondent Nos. 1 & 2 have filed their reply
affidavit and in paragraph 4 explained that Respondent No. 3 -
Sub-Divisional Agriculture Officer, Akola, was directed to
recover 'Lokwata' i.e. proportionate contribution from the
farmers. This communication dated 12.01.2015 was
misconstrued by Respondent No. 3 and he proceeded to order
recovery from the petitioner.
3. In view of this clarification, it is apparent that
respondents do not have any claim against the petitioner and
do not wish to recover anything from him towards said
'Lokwata'. In this situation, the respondents have to proceed
further to settle pension and other retiral benefits of the
petitioner at the earliest.
4. Accordingly, we direct the respondents to expedite
the process and to complete it within three months from today.
5.
With these directions, we partly allow the present
petition and dispose it of. However, there shall be no order as
to costs.
JUDGE JUDGE
******
*GS.
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