Smt. Suman Jagdish Mankar vs State Of Maharashtra Thr. ...
2021 Latest Caselaw 14356 Bom

                      Shubhada S Kadam                                       30 wp 6250.2021.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO.6250 OF 2021
                      Smt. Suman Jagdish Mankar                             ....Petitioner
                          Versus
                      The State of Maharashtra and ors.                     ....Respondents


                      Mr. Nitin V. Gangal along with Ms. Namita Mestry, Ms.Prerna Shukla and
                      Mr. P. Ashok Kadam, advocate for the petitioner..
                      Ms. M. S. Bane, AGP for the State.


                                                  CORAM : PRASANNA B. VARALE &
                                                          N. R. BORKAR, JJ.

                                                  DATE     : 4th OCTOBER, 2021.


                      P.C. :


                      1.           Heard Mr.Gangal, learned counsel for the petitioner.    While

raising challenge to the order dated 24th August, 2021, passed by the

competent authority i.e. respondent No.1, Mr. Gangal submitted that in

case of any dispute between the claimants for grant of compensation

against acquisition of land, the competent authority was required to refer

the dispute to the competent Court and, without undertaking this

approach, respondent No.1, passed the order dated 24 th August, 2021,

rejecting the objection and further directing disbursement of amounts. Mr.

Gangal invited our attention to the judgment and orders of this Court Digitally signed by SHUBHADA reported in the matter of Arun s/. Trimbakrao Lokare versus State of SHUBHADA SHANKAR SHANKAR KADAM KADAM Date:

2021.10.06 Maharashtra and others 2017(6)Mh.L.J. as well as in the matter of 11:26:50 +0530

Shubhada S Kadam 30 wp 6250.2021.doc

Rajaram Waman Rane and ors. Versus Ramkrishna Mahadev Rane

and ors. 2019(3)AIR(Bom)(R)93.

2. This being the limited issue raised in the petition, the Registry

is directed to issue notice to the respondents returnable on

29th November, 2021. Learned AGP waives notice on behalf of

respondent No.1. Apart from Court notice, learned counsel for the

petitioner is permitted to serve rest of the respondents by any legally

permissible mode of service and file an affidavit-of-service to that effect

before the next date.

3. Mr. Gangal, learned counsel for the petitioner, prayed for an

interim order by submitting that if respondent No.1 disburses the amount

in compliance with his order dated 24 th August, 2021, the purpose of

approaching this could would render futile. By way of interim order, we

direct respondent No.1 not to disburse the amount as per order dated

24th August, 2021, until further orders of this Court.

( N. R. BORKAR, J.) (PRASANNA B. VARALE, J.)