(1) WP 7360.2011+CA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7360 OF 2011 Madan Ganpati Raut and ors. PETITIONERS VERSUS The State of Maharashtra and anr. RESPONDENTS WITH CIVIL APPLICATION NO.15110 OF 2011 IN WRIT PETITION NO.7360 OF 2011 Subhash Namdeo Shinde APPLICANT VERSUS Madan Ganpati Raut and ors. RESPONDENTS ..... Mr. Nilkanth P. Bangar, Advocate for the Petitioners. Mr. S.V. Kurundkar, G.P. for the Respondent-State. and for the Applicant in C.A. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 21ST DECEMBER, 2011 ORAL ORDER: 1. Leave to implead Godavari Marathwada Irrigation Development Corporation, as a party respondent. Since Shri Kurundkar, learned Government Pleader is on the panel of Godavari Marathwada Irrigation Development Corporation, we direct Shri Kurundkar to accept the notice on behalf of the said respondent. 2. We had framed the charges against Shri Subhash Namdeo Shinde, Deputy Collector, Land Acquisition, Jaikwadi Project No.3, Beed and directed him as to (2) WP 7360.2011+CA show cause why action should not be taken for not abiding by the order passed by this Court on 24.11.2011 and also issued notices to Shri Shivanand Trimbak Taksale, presently working as In-charge Collector, Beed and Shri Arvind Lahu Latkar, Deputy Collector (Land Acquisition, Jaikwadi Project) Beed, as to why action for contempt should not be initiated and taken against them for not responding to the orders passed by this Court and acting in pursuance thereof. 3. We are required to persuade this matter, since it was not only noticed by us, but it was informed to us by various learned Assistant Government Pleaders appearing in various matters that the Officers from Beed district are not responding either to the notices issued by this Court or to the communication addressed by the learned Government Pleader. 4. No Officer, whosoever high, is above the law. Rule of law is embodied in the Indian Constitution itself. Rule of law requires the Officers of the State to assist the Court effectively (3) WP 7360.2011+CA in the administration of justice. Failure on the part of such Officers in not assisting the Court, unnecessarily delays the ultimate delivery of justice to the citizen of the country, which is a fundamental right of such a citizen. 5. Taking into consideration the callous approach of Shri Subhash Namdeo Shinde, Deputy Collector, Land Acquisition, Jaikwadi Project no.3, Beed, we could have taken a serious view of the matter, inasmuch as it can clearly be seen that he has disobeyed the order of this Court. Though he was specifically directed either to file reply or to remain present in the Court. Instead of doing so, he has sent a letter to the Office of the learned Government Pleader, requesting for copy of the Petition. 6. However, since he has tendered an unconditional apology, we are not inclined to proceed further. We therefore drop the charges framed against him. However, the said Officer is warned that hereinafter he should attend the Court matters diligently, without there being any delay. Insofar (4) WP 7360.2011+CA as notice to Shri Shivanand Trimbak Taksale and Shri Arvind Lahu Latkar are concerned, the said Officers have also tendered their unconditional apologies and assured the Court that hereinafter the Court matters would be dealt with diligently. We accept the statements as undertakings to this Court and discharge the notices issued to them. 7. On merits, since the grievance of the petitioners no more survive, inasmuch as the relief claimed in the Petition is granted as per the award passed by the Deputy Collector, Land Acquisition, Jaikwadi Project, Beed on 19.12.2011. . Since Godavari Marathwada Irrigation Development Corporation is an organ of the State, when award is passed by the Special Land Acquisition Officer, it is bound to follow the same. We therefore direct the respondent no.3 to make the payment to the petitioners as per the award passed by the Special Land Acquisition Officer, within a period of six (6) months from today. We further direct the respondent no.1-Collector to ensure that the payment is made to the petitioners within the stipulated period. (5) WP 7360.2011+CA 8. Writ Petition stands disposed of accordingly. Consequently, Civil Application no.15110 of 2011 also stands disposed of. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/