Bombay High Court
Sunil Mahadappa Bhavikatte vs The State Of Maharashtra And ... on 12 October, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13559 OF 2018
SUNIL MAHADAPPA BHAVIKATTE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri Gapat Pramod B.
AGP for Respondents 1 and 2 : Shri P.S. Patil
Advocate for Respondent 3 : Shri Reddy Ajinkya
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 12th October, 2021
Per Court :-
1. This is a classic case of a litigant having been
literally made to run from pillar to post. He has been compelled
to litigate and suffer rigours of litigation, which are aggravated
due to the conduct of the Udgir Municipal Council. The
petitioner has succeeded against the Municipal Council right
upto the Honourable Supreme Court when Petition for Special
Leave to Appeal No.22619/2016 filed by the Udgir Municipal
Council has been dismissed vide order dated 08.12.2016.
2. By the judgment of the learned Single Judge of this
Court dated 21.10.2015 in Writ Petition No.1266/2016, 16 weeks
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were granted to the Municipal Council for payment of all
consequential benefits. It appears that neither the Industrial Court
nor the learned Single Judge Bench of this Court granted interest.
Therefore, the Municipal Council has practically tired out the
petitioner in the last six years. This is, therefore, a fit case for us
to quantify exemplary costs to be paid to the petitioner by the
Municipal Council.
3. Arrears without interest are Rs.13,53,000/-. An
amount of Rs.3,08,143/- has been paid by the Municipal Council.
This petition is pending before us for three years. As such, the
Municipal Council has to pay Rs.10,44,857/- without interest to
the petitioner.
4. In view of the above, we are constrained to pass the
following order :-
(a) The Chief Officer of Udgir Municipal Council,
District Latur shall remain personally present in the Court on
20.10.2021 and shall ensure that an amount of Rs.10 lacs are
paid to the petitioner on the said date.
(b) The Chief Officer of Udgir Municipal Council shall
tender an explanation to the Court as to why the order of the
Court has not been complied with despite the contempt of court
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proceedings bearing Contempt Petition No.544/2016 having been
disposed off vide order dated 03.02.2017 when the statement that
the process would be complied within six weeks, was recorded.
(c) After considering the explanation, this Court would
decide the quantum of costs to be awarded to the petitioner
keeping in view that interest was not granted and the Municipal
Council has tired out the petitioner in the last six years.
5. Stand over to 20.10.2021 in the urgent admissions
category.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
