Disposed

Sukhdeo Sampatrao Thombre v. the State of Maharashtra and Others

Bombay HC26 Aug 2021WP/4518/2020

Case brief

AI extract

What is this about?

This judgment disposed of eight writ petitions concerning the execution of Revenue Recovery Certificates for gratuity payments. The High Court directed the State to initiate recovery proceedings under the Maharashtra Land Revenue Code by December 31, 2021, mandating disbursement within 15 days.

What did the court decide?

Direction to initiate recovery of amounts under Maharashtra Land Revenue Code by 31.12.2021 and disburse within 15 days.

Sukhdeo Sampatrao Thombre Vs the State of… — Contract and Commercial Disputes | Bombay HC (2021)

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910 to 918-wp-3040-2020.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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910 WRIT PETITION NO.3040 OF 2020

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PANDHARINATH DATTATRAYA RAJGURU VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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911 WRIT PETITION NO.3047 OF 2020

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PANDURANG GANPAT PALODKAR VERSUS

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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

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AND

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912 WRIT PETITION NO.3859 OF 2020

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SHRIRAM KONDIBA WALKE VERSUS THE STATE OF MAHARASHTRA AND OTHERS

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AND

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913 WRIT PETITION NO.4371 OF 2020

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ASHOK NAMDEO SONAWANE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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914 WRIT PETITION NO.4377 OF 2020

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AMRUTA PUNJAJI GADHE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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915 WRIT PETITION NO.4455 OF 2020

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SHIVAJI DHONDU NIKAM VERSUS

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THE STATE OF MAHRASHTRA AND OTHERS

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AND

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916 WRIT PETITION NO.4461 OF 2020

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VISHNU ABARAO SOLUNKE VERSUS

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THE STATE OF MAHRASHTRA AND OTHERS

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1/4

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AND

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917 WRIT PETITION NO.4518 OF 2020

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SUKHDEO SAMPATRAO THOMBRE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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918 WRIT PETITION NO.4696 OF 2020

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BHAUSAHEB MAHADU SULTANE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr. More Ashok A. AGP for Respondent Nos.1 to 3 : Mr. S.G. Sangle

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CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

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DATED : 26^th AUGUST, 2021

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PER COURT:-

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We have heard Shri More, the learned advocate representing the petitioners and the learned AGPs on behalf of respondent Nos.1, 2 and 3 in the respective petitions.

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The learned advocate for the petitioner submits that respondent No.4 is purely a formal party and the issue in these petitions is between the petitioners and the Revenue Authorities as regards execution of the Revenue Recovery Certifcate (RRC) under the Maharashtra Land Revenue Code, 1966 (MLRC). He, therefore, prays for leave to delete respondent No.4. Leave granted. Deletion be carried out forthwith.

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The issue before us is as regards execution of the Revenue Recovery Certifcate issued by the competent authority in relation to the gratuity amounts, which is payable to the petitioners. Entire gratuity

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proceedings have culminated into fnal judgment. The employer of the petitioners has not challenged the judgment, which has now attained fnality.

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We fnd from the record that the Controlling Authority as well as the Appellate Authority under the Payment of Gratuity Act, 1972 have delivered the respective judgments quantifying the amount of gratuity payable to the petitioners. Since these judgments have attained fnality, there is no reason for us to look there beyond.

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There can be no dispute on the legal issue that once the Revenue Recovery Certifcate is issued by the competent authority, the District Collector has to entrust the matter to a responsible revenue ofcer, who has to ensure the recovery of amounts by following the due procedure laid down under the MLRC by treating the amounts as arrears of land revenue. Needless to state, the employee’s right to gratuity is well recognized and it is the obligation of the employer to make the payment of gratuity, failing which, interest can also be levied.

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The learned AGPs appearing in the respective petitions submit that they would not canvass against the provisions of law and are aware that such amounts are treated as arrears of land revenue so as to be recovered under the MLRC. They pray for a reasonable time so as to enable respondent No.2 to initiate efective steps.

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In view of the above, all these Writ Petitions are disposed of with a direction to respondent No.2 to initiate appropriate steps to recover the amounts set out in the Revenue Recovery Certifcates by following the

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procedure laid down under the MLRC. The said amounts shall be recovered on or before 31.12.2021 and would be disbursed to the petitioners promptly and preferably within 15 days from the date of recovery.

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(S.G. MEHARE. J)

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(RAVINDRA V. GHUGE, J)

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Mujaheed//

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Sukhdeo Sampatrao Thombre v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sukhdeo Sampatrao Thombre v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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