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2023 Supreme(Bom) 856

R. D. DHANUKA, M. M. SATHAYE
Ashok – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Pradnya Talekar, Advocate, Talekar, Advocate, M.S. Bane, Advocate, Vilas B. Tapkir, Advocate

JUDGMENT

R.D. Dhanuka, J. - Rule. Learned AGP waives service for the Respondent Nos.1 to 4. Mr.Vilas B. Tapkir waives service for the Respondent No.5. Rule is made returnable forthwith.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioners seek a writ of mandamus against the Respondents to pay to the Petitioners the rental compensation at the rate of 8% p.a. on the amount of compensation awarded to them through private negotiations as shown in the Sale Deeds dated 30th September, 2019 and 12th August, 2020 along with 6% interest thereon. Some of the relevant facts for the purpose of deciding this Petition are as under :

3. It is the case of the Petitioners that the Petitioners were the owners of the lands admeasuring 9 R bearing Gat No.426, 41 R bearing Gat No.456 and 66 R bearing Gat No.461 all situated at Village Chale, Taluka Pandharpur, District Solapur. The Respondent No.5 took possession of the writ lands in the month of January, 1992. No acquisition proceedings were commenced by the Respondents till private negotiations in respect of the writ lands took place between the parties in the year 2019.

4. In pursuance of the private negotiations, th

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