1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6496 OF 2008 1) Sunil s/o Ratnakar Gondikar, R/o-Gondi, Tq-Ambad, Dist-Jalna At present R/o- House No.VA-9, Vishnu Nagar, Aurangabad, and others. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through Collector, Collector Office, Jalna, Dist-Jalna and others. ...RESPONDENTS. ... Shri. M.M. Joshi Advocate for Petitioner. Shri. V.H. Dighe, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 5TH MAY, 2010. PER COURT : 1. Heard learned counsel for the parties. 2 2. It is the contention of the Petitioners that their land and crop got damaged due to heavy rains in the year 2006. The counsel for the Petitioners submits that the Petitioners received amount towards the damages of crop. Under the Government Resolution dated 26th May 2008, persons like Petitioners were also entitled to receive damages if their land was damaged. By pointing out to a map at page No.33 of the paper book, the counsel submits that Petitioners' land could be easily shown to have been damaged. The lands which are at far away distance from the Petitioners' land, the land owners of the said lands were considered to be entitled for damages, but the Petitioners were deprived. 3. Detail affidavit in reply has been filed by the Respondent Nos. 1 to 4 through In charge Taluka Agriculture Officer, Ambad, Taluka-Ambad, Dist-Jalna. In Para 17 the deponent states that: "17. That in answer to para 3 no.14 of the Writ Petition I say and submit that, the list of agriculturist of the above said villages namely, Hasnapur and Ganga Chincholi, who are showing to be entitled for compensation will be verified by respondent no.3 again and, after verification of the available revenue for record no.3 and after verification of the available revenue record and panchanama. The compensation will be disbursed to the actually eligible farmers/ beneficiaries as per Government rules and guidelines of department." 4. In the facts of the case, in exercise of extra ordinary writ jurisdiction, we will not enter into the question whether the Petitioner's land got damaged. These issues could be well addressed by the Higher Officers who are competent to enter into the merits, facts and evidence and deal with the same strictly in 4 accordance with the Government Resolution and the Scheme. Needless to mention that the real beneficiaries are entitled for the damages. Public money is involved in the process and therefore abundant care is required to be taken. 5. In the facts of the case, if the Petitioners desire, they may approach Higher Authorities with their grievances. In case the Petitioners approach, the Authorities concerned would look into the matter and decide the representation of the Petitioners at the earliest. With these observations, Writ Petition is disposed of. It is clarified that we have expressed no opinion on the merits of the matter. [N.D.DESHPANDE, J.] [NARESH H. PATIL, J.] asb/MAY10/wp6496.08