Gajanan Narayan Vaidya And Others vs The State Of Maharashtra Through ...
2017 Latest Caselaw 7249 Bom

Judgment                                                                                          wp6160.14

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.



                        WRIT PETITION  No. 6160   OF  2014.


      1.

Gajanan Narayan Vaidya aged 40 years, Occupation Agriculturist,

2. Raosaheb Trambak Doifode aged 50 years, Occupation Agriculturist,

3. Kundlik Mhatarba Shivankar aged 56 years, Occupation Agriculturist,

4. Sanjay Bhiwaji Gite aged 45 years, Occupation Agriculturist,

5. Pramod Vishwanath Nagre aged 32 years, Occupation Agriculturist,

6. Badrinath Sahebrao Doifode aged 50 years, Occupation Agriculturist,

7. Ramesh Daulatrao Doifode aged 45 years, Occupation Agriculturist,

8. Swapnil Gaibi Nagre aged 27 years, Occupation Agriculturist,

9. Sindhu Gaibi Nagre aged 50 years, Occupation Agriculturist,

10. Rameshwar Daulatrao Doifode aged 38 years, Occupation Agriculturist,

11. Sau. Alka Rameshwar Doifode aged 32 years, Occupation Agriculturist,

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12. Uttam Narayan Sarode aged 60 years, Occupation Agriculturist,

13. Vinayak Ganesh Doifode aged 26 years, Occupation Agriculturist,

14. Ankush Bhikaji Ippar aged 36 years, Occupation Agriculturist,

15. Bhika Kondu Ippar aged 65 years, Occupation Agriculturist,

16. Prakash Bhivaji Gite aged 43 years, Occupation Agriculturist,

17. Sau. Lata Prakash Gite aged 37 years, Occupation Agriculturist,

18. Vishnu Seshrao Doifode aged 50 years, Occupation Agriculturist,

19. Ganesh Keshav Doifode aged 27 years, Occupation Agriculturist,

20. Tukaram Trambak Doifode aged 55 years, Occupation Agriculturist,

21. Shalikram Rangnath Doifode aged 40 years, Occupation Agriculturist,

22. Dilip Vishwanath Doifode aged 34 years, Occupation Agriculturist,

23. Ramkrushna Vishnu Doifode aged 42 years, Occupation Agriculturist,

24. Vishnu Nagorao Doifode aged 62 years, Occupation Agriculturist,

25. Keshav s/o Patilba Doifode aged 45 years, Occupation Agriculturist,

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26. Sau. Kushivarta Shalikram Doifode aged 38 years, Occupation Agriculturist,

27. Lata Ramdas Nagre aged 38 years, Occupation Agriculturist,

28. Pramod Manmohan Bangale aged 34 years, Occupation Agriculturist,

29. Vijay Kundlik Shivankar aged 27 years, Occupation Agriculturist,

30. Chandrabhagabai Bhikaji Shivankar aged 55 years, Occupation Agriculturist,

31. Pralhad Kisan Misal aged 40 years, Occupation Agriculturist,

32. Santosh Kisan Misal aged 35 years, Occupation Agriculturist,

33. Janardan Raghoji Doifode aged 48 years, Occupation Agriculturist,

34. Sanjay Santuba Sonune aged 40 years, Occupation Agriculturist,

35. Babu Hari Munde aged 65 years, Occupation Agriculturist,

36. Kiran Shivaji Sangle aged 28 years, Occupation Agriculturist,

37. Rameshwar Vithoba Jaybhaye aged 45 years, Occupation Agriculturist,

38. Aklesh Badri Doifode aged 28 years, Occupation Agriculturist,

39. Murlidhar Namdeo Doifode

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aged 33 years, Occupation Agriculturist,

40. Shivaji Namdeo Doifode aged 36 years, Occupation Agriculturist,

41. Govindrao Bajirao Doifode aged 65 years, Occupation Agriculturist,

42. Ramrao Bajirao Doifode aged 55 years, Occupation Agriculturist,

43. Shivprasad Bajirao Doifode aged 50 years, Occupation Agriculturist,

44. Samadhan Shivnath Doifode aged 32 years, Occupation Agriculturist,

45. Vithabai Shankar Doifode aged 68 years, Occupation Agriculturist,

46. Ashok Nagorao Doifode aged 50 years, Occupation Agriculturist,

47. Savitribai Bhagwan Doifode aged 48 years, Occupation Agriculturist,

48. Sanjay Pralhad Bangale aged 36 years, Occupation Agriculturist,

49. Arjun Raghoji Doifode aged 48 years, Occupation Agriculturist,

50. Karbhari Kondu Ippar aged 68 years, Occupation Agriculturist,

51. Sandip Ashok Doifode aged 33 years, Occupation Agriculturist,

52. Samadhan Dilip Misal aged 28 years, Occupation Agriculturist,

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53. Shivanand Kaduba Doifode aged 35 years, Occupation Agriculturist,

54. Tejrao Parvata Doifode aged 50 years, Occupation Agriculturist,

55. Parvata Anandrao Doifode aged 70 years, Occupation Agriculturist,

56. Dilip Namdeo Nagre aged 34 years, Occupation Agriculturist,

57. Narsing Sakharam Doifode aged 38 years, Occupation Agriculturist,

All petitioners are resident of Singaon Jahangir, Tah. Deulgaon Raja District Buldhand. ....PETITIONERS.

VERSUS

1. The State of Maharashtra, through its Secretary, Department of Irrigation, Mantralaya, Mumbai -32.

2. The Collector, Buldhana, District Buldhana.

3. The Executive Engineer, Khadakpurna Project Division, Deulgaon Raja, District Buldhana.

4. The Sub Divisional Officer, Khadakpurna Rehabilitation Sub Division no.4, Deulgaon Mahi, tq. Deulgaon Raja, District Buldhana. ....RESPONDENTS .

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----------------------------------- Mr. R.N. Ghuge, Advocate for Petitioners. Mrs. K.S. Joshi, Asstt. Govt. Pleader for Respondent Nos.1 and 2. Mr. V.G. Palshikar, Advocate for Respondent Nos.3 and 4.

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CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 18, 2017.

ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)

Heard Shri R.N. Ghuge, learned counsel for petitioners, Mrs. K.S.

Joshi, learned A.G.P. for respondent nos. 1 and 2 and Shri V.G. Palshikar,

learned Counsel for respondent nos.3 and 4. Also perused judgment

delivered by this Court in Writ Petition No. 1416/2016 on 21.12.2016.

2. The matter can be disposed of in terms of directions issued today

in Writ Petition Nos. 1963 and 1965 of 2017.

3. Only different in this matter is 'Rule' has been issued. However, as

parties have no objection to take up the matter for final hearing,

accordingly, we have heard them.

Judgment wp6160.14

4. We find that the controversy is squarely covered by orders passed

supra. Accordingly, with direction to pay interest calculated at 12% from

the date of sale deed till the date of receipt of sale consideration by

petitioners, within a period of four months from today, we make rule

absolute.

5. It is also directed that if this amount is not received by the

petitioners within a period of four months, then for further delay they shall

be entitled to receive interest on the said amount calculated @ 15%.

6. Writ Petition is allowed is aforesaid terms, with no order as to

costs.

                             JUDGE                                       JUDGE


Rgd.