Ramchandra Digambar Jagtap And ... vs The State Of Maharashtra And Ors
2022 Latest Caselaw 1902 Bom

Osk                                                           17-Wp-3279-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 3279 OF 2021


1. Ramchandra Digambar Jagtap                      ]
2. Gorakh Sukhdev Jagtap                           ]
3. Mahavir Sukhdev Jagtap                          ]
4. Keshav Shivaji Jagtap                           ]
5. Nitin Shivaji Jagtap                            ]
All R/o. Bondle, Tal. Malshiras, Dist.Solapur      ]        ... Petitioners

      Versus

1.    The State Of Maharashtra                     ]
      At the instance of the Collector,            ]
      Solapur, Dist. Solapur.                      ]

2.    The Sub Divisional Officer and               ]
      The Competent Authority,                     ]
      Malshiras Division,                          ]
      Tal. Malshiras, Dist. Solapur.               ]

3.    Vishal Hanumant Jagtap                       ]
      R/o. Bondale, Tal. Malshiras,                ]
      Dist. Solapur.                               ]        ... Respondents


                                     ******
Mr. L. S. Deshmukh for Petitioners.
Mr. S. B. Kalel, A.G.P. for Respondent Nos.1 & 2 (State).
Mr. Kirankumar J. Phakade for Respondent No.3.
                                     ******

                                       CORAM : R. D. DHANUKA &
                                               S. M. MODAK, JJ.

DATE : 24th FEBRUARY 2022.

Osk 17-Wp-3279-2021.odt

ORAL JUDGMENT (Per : R. D. DHANUKA, J.) :-

1. Rule. Rule made returnable forthwith.

2. Mr.S.B. Kalel, learned A.G.P. waives service for Respondent Nos.1

and 2 (State). Mr.Phakade, learned counsel waives service for Respondent

No.3. By consent of learned counsel for parties, Writ Petition is heard finally.

3. By this Petition filed under Article 226 of the Constitution of

India, the Petitioners seek a writ of certiorari for quashing and setting aside

the Order dated 29th September 2020 and seek an Order and direction to the

Respondent No.2 to refer the dispute in respect of entitlement to receive

compensation for acquisition of the subject land to the Civil Court as per the

applications dated 30th September 2020 and 1st October 2020.

4. The applications made by the Petitioners before the Respondent

No.2 are rejected. It is not in dispute that the Petitioners have already filed a

partition suit bearing Regular Civil Suit No. 519 of 2020 before the Civil Judge

Junior Division, Malshiras. The Respondent No.3 is also a party to the said

suit.

5. It is also not in dispute that the acquiring body has already

transmitted the amount of compensation to the Respondent No.3. However, in

view of the complaint made by the Petitioners, the Respondent No.3 is

restrained from withdrawing the said amount deposited in the bank account

of the Respondent No.3.

Osk 17-Wp-3279-2021.odt

6. There appears to be a dispute about the apportionment of the

compensation between the Petitioner and Respondent No.3.

7. In the partition suit filed by the Petitioners in respect of various

properties, the property under acquisition is also subject matter of the said

partition suit. They seek to amend the plaint in the said partition suit so as to

claim compensation instead of partition of the said property now acquired and

the compensation is already transmitted in the account of the Respondent

No.3. If any application for amendment is made, a copy thereof shall be

served upon the Respondent No.3 and the other parties to the said partition

suit. The Civil Court shall decide the said application for amendment after

hearing all the parties concerned expeditiously and not later than eight weeks

from the date of filing of such application by the Petitioners.

8. The Respondents shall not withdraw the amount lying in the

account of Respondent No.3, which was transmitted by the acquiring body by

way of compensation for a period of 10 weeks from today. The parties are at

liberty to apply before the Civil Court in the same proceedings by filing

Interim Application for seeking liberty to withdraw the said amount. If any

application for withdrawal is made by the Petitioners or by the Respondent

No.3, the same will be considered by the Civil Judge Junior Division on its

own merits and in accordance with law.

Osk 17-Wp-3279-2021.odt

9. This Court has not expressed any views on the merits of the rival

claims of compensation made by the Petitioners and Respondent No.3.

10. All contentions on merits on the entitlement of the claim for

compensation are kept open.

11. Writ Petition is disposed off in the aforesaid terms.

12. Rule is made absolute accordingly. No Order as to costs.

                              [S. M. MODAK, J.]                           [R. D. DHANUKA, J.]




           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2022.02.25
           14:18:24 +0530