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2018 DAILYLAW 3539 (BOM)

KACHARU BHANUDAS WANKHARE AND ANOTHER v. THE STATE OF MAHARASHTRA AND OTHERS

WP/633/2018 · 2026-08-20

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Judgment text

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( 1 ) 937-WP-633-2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 937 WRIT PETITION NO. 633 OF 2018 Kacharu Bhanudas Wankhare And Another VERSUS The State Of Maharashtra And Others WITH WRIT PETITION NO. 613 OF 2018 ... Mr. D. G. Nagode, Advocate for the Petitioners. Mr. S. B. Pulkundwar, AGP for Respondent-State. Mr. S. S. Dande Advocate for Respondent No.4. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 20th AUGUST 2026. PC :- 1. Heard Mr. Nagode, the learned Advocate for the petitioner, Mr. Pulkundwar, the learned AGP for Respondent Nos. 1 to 3/State and Mr. Dande, the learned Advocate for Respondent No.4. 2. Here, the claim of the petitioner is in respect of fruit-bearing trees standing on the land acquired for the purpose of Respondent No.4. The affidavit in reply is filed by Respondent Nos. 2 and 3, paragraph No.5 reads as under: ( 2 ) 937-WP-633-2018 “5. I say and submits that, so far as the prayers of the petitioners in respect of payment of compensation as per the valuation of 2016 in respect of fruit bearing trees and structure situated on the said property is concern, the deponent undertakes that the deponent will sought the valuation as per year 2016 from the concern authorities after getting valuation report, and is not as the same is received from the concerned authorities. The deponent will raise the demand to the acquiring body and thereafter, after receiving the said amount from the acquiring body the same will be paid to the petitioners as early as possible. In view of the above mentioned undertaking the deponent prayer for disposal of the petition in accordance with law.” 3. This Court finds that the petition can be disposed off conveniently in view of contents of paragraph No.5 of the affidavit in reply filed by Respondent Nos. 2 and 3. 4. The concerned authorities to give valuation report as per valuation of the year 2016 to Respondent Nos. 2 and 3 and thereafter the respondent Nos. 2 and 3 to raise demand to the acquiring body i.e. Respondent No.4. The respondent No.4 to pay the amount thereafter depending upon the report submitted to it as per valuation for the year 2016. 5. The entire exercise be completed within a period of six months from today. 6. With these, writ petition stands disposed off. ( 3 ) 937-WP-633-2018 [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE