Bombay High Court
Dhanraj Govind ... vs The State Of Maharashtra ... on 12 May, 2017
Bench: S.P. Deshmukh
1 WP-1712.97.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 1712 OF 1997
Dhanraj s/o Govind Jadhav (died)
through legal heirs :-
1A- Smt. Kamal w/o Dhanraj Jadhav,
Age major, occup. Agriculture,
r/o Savli Vihir (kh.) Tq. Kopargaon,
District Ahmednagar
1-B Dattu s/o Dhanraj Jadhav,
Age 15 years, u/g of Kamal w/o
Dhanraj Jadhav, occup. r/o as above
1-C Ashok Dhanraj Jadhav,
Age 8 years, u/g of Kamal w/o
Dhanraj Jadhav, occup. & r/o as above
1-D Miss Bharti s/o Dhanraj Jadhav,
Age 1 year, u/g of Kamalbai w/o
Dhanraj, occup. and r/o as above
2- Machindra s/o Govind Jadhav,
Age 27 years, occup. Agriculture,
r/o as above
3- Jalindar s/o Govind Jadhav
23 years occu. Agriculture
r/o as above.
4- Smt. Bhikabai w/o Govind Jadhav
Age 54 years occu. Agriculture
r/o as above.
versus
1- The State of Maharashtra Through Secretary
copy served on Govt. Pleader,
High Court Aurangabad.
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2- Saw Sevantabi w/o Bapurao Dandwate,
Age 58 years occu. Agriculture
r/o Savali, Vihir (kh.) Tq.
Kopargaon District Ahmednagar.
3- Baburao s/o Namdeo Dandwate (died)
through his L.Rs.
3-A) Suryabhan s/o Baburao Dandwate,
Age 50 years, occ : Agril.,
R/o Rahata, Tqa. Kopargaon,
District : Ahmednagar.
3-B) Bhaskar s/o Baburao Dandwate,
Age 52 years, occ : Agril.,
R/o as above.
3-C) Ravnath s/o Baburao dandwate,
Age 42 years, occ : Agril.,
R/o : As above.
3-D) Vasant s/o Baburao Dandwate,
Age 40 years, occ & R/o : As above
3-E) Vinayak s/o Baburao dandwate,
Age 38 yeatrs, occ & R/o As above.
3-F) Bharat s/o Baburao Dandwate,
Age 35 years, occ & R/o : As above.
(dismissed against respondent nos. 3A to 3F
dismissed as per court's order dated 11-1-2001 for
non payment of Bhatta)
4- Receiver,
S. B. Choudhari, Age : Major
Occu. Advocate, R/o Nandurki Tq. Kopargaon
District Ahmednagar
.......
Mr. S. K. Adkine, Advocate for petitioners
Mrs. S. S. Raut, Assit. Govt. Pleader for respondent no. 1
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CORAM : SUNIL P. DESHMUKH, J.
DATE : 12th May, 2017
ORAL JUDGMENT:
1. Heard learned counsel for the petitioners Mr. Adkine
and learned Assistant Government Pleader for respondent
no. 1 Mrs. Raut.
2. It has been contended on behalf of the petitioners
that a partnership had been entered into among the
petitioners and respondents no. 2 and 3 for a period of ten
years under which the concerned respondents were
supposed to cultivate lands for about ten years bearing all
the expenses.
3. Around 1976, proceedings bearing regular civil suit
no. 644 of 1976 for injunction had been filed by
respondents no. 2 and 3 in this writ petition against
petitioners in respect of land bearing survey no. 44 to the
extent of 9 hectare, 44 aar. The suit had been ex-parte
decreed on 25-07-1977 by civil judge, junior division,
Kopargaon.
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4. After expiry of period of ten years, possession had
been demanded by petitioners but respondents refused. For
execution of aforesaid ex-parte decree, regular darkhast no.
23 of 1987 had been filed by the respondents. Present
petitioners had objected to said regular darkhast, stating
that no share was given to them nor respondents had
deposited crop value. In the circumstances, under an order
passed on 04-04-1987, the court appointed receiver and
from time to time the receiver was getting changed.
5. An application, around 1993, had been moved by
petitioners for disposal of regular darkhast, referring to
negligence on the part of respondents and receiver in
cultivation of land etc.
6. While petitioners' application raising objection for
continuation of regular darkhast was rejected under an
order dated 03-09-1993, the petitioners had challenged
said rejection before this court in civil revision application
no. 1341 of 1993.
7. In the meanwhile, the petitioners had moved civil
court by instituting regular civil suit no. 185 of 1988 for
dissolution of partnership and upon response to the same
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by respondents through their written statement, certain
issues had arisen, inter alia, defendant no. 2 in said suit
claiming to be tenant over suit land, Said issue accordingly
had been framed and referred to tenancy tribunal. The
tenancy tribunal decided the issue in favour of defendant
no. 2, appeal there-against has failed and as such, the
matter is pending at petitioners' instance in writ petition no.
619 of 2002.
8. During all this, Mr. Adkine submits, the concerned
lands were not being cultivated which has been causing
irreparable loss to the petitioners. Respondents are
interested in prolonging the matter. They had filed several
false complaints against the petitioners and through
receiver as well, inter alia, one before the court, alleging that
the petitioners are obstructing cultivation of the lands by
the receiver and further under an application dated 22-01-
1997 (Exhibit-178) in regular darkhast no. 23 of 1987
sought police protection to the receiver for harvesting crops
which came to be granted under an order dated 05-04-
1997, which is subject-matter of present writ petition.
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9. Learned counsel Mr. Adkine fairly states that
application which pertains to then standing crops, had in
fact been not by the receiver but was by the decree holders
and efficacy of the same by now is over.
10. Looking at the tenor of the application and that order
dated 05-04-1997 allowing the same had limited efficacy.
No interim relief had been granted in writ petition. The
purpose underlying the writ petition now can hardly be met
with.
11. Looking at the whole scenario and the purpose for
which application (Exhibit 178) had been filed, after a huge
passage of time, as fairly stated by learned counsel for the
writ petitioner, the purpose appears to be inefficacious. In
the process, writ petition does not appear to carry any
substance after such a huge gap of time.
12. Writ petition, as such, stands disposed of.
SUNIL P. DESHMUKH,
JUDGE
pnd
