(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3006 OF 1997 1. Bhimrao s/o. Bhanudas Bade, Age : Major, Occupation : Agriculture, R/o. Wadgaon, Taluka : Pathardi, District : Ahmednagar. 2. Udhav s/o. Tukaram Bade, Age and Occupation : as above, R/o. as above. 3. Ajinath Dhondiba Shelke, Age : Major, Occupation : Agriculture, R/o. as above. 4. Dhondiba Tukaram Shelke, Age : Major, Occupation : Agriculture, R/o. as above. 5. Hausabai Dhondiba Shelke, Age : Major, Occupation : Agriculture, R/o. as above. 6. Bhagwan Kondiba Bade, Age : Major, Occupation : Agriculture, R/o. as above. (2) 7. Walhaji Narayan Bade, Age : Major, Occupation : Agriculture, R/o. as above. 8. Laxman Yadav Bade, Age : Major, Occupation : Agriculture, R/o. as above. 9. Vishwanath Kisan Bade, Age : Major, Occupation : Agriculture, R/o. as above. 10. Pandharinath Lahanu Shelke, Age : Major, Occupation : Agriculture, R/o. as above. 11. Vasudeo Chandrabhan Bade, Age : Major, Occupation : Agriculture, R/o. as above. 12. Nivrutti Dada Bade, Age : Major, Occupation : Agriculture, R/o. as above. 13. Pandurang Bhanudas Bade, Age : Major, Occupation : Agriculture, R/o. as above. 14. Kacharu Ganpat Shinde, Age : Major, Occupation : Agriculture, R/o. as above. (3) 15. Prayagbai Ashruba Bade, Age : Major, Occupation : Agriculture, R/o. as above. 16. Kundlik Dada Shelke, Age : Major, Occupation : Agriculture, R/o. as above. 17. Kisan Khandu Bade, Age : Major, Occupation : Agriculture, R/o. as above. 18. Tukaram Rakhmaji Bade, Age : 78 years, Occupation : Agriculture, R/o. as above. 19. Gokul Mahadeo Bidve, Age : 32 years, Occupation : Agriculture, R/o. as above. 20. Eknath Saheba Bade, Age : 40 years, Occupation : Agriculture, R/o. as above. 21. Ravindra Gorakh Bade, Age : 18 years, Occupation : Agriculture, R/o. as above. 22. Sambhaji Gorakh Bade, Age : 20 years, Occupation : Agriculture, R/o. as above. (4) 23. Tanhaji Dnyanoba Bade, Age : 58 years, Occupation : Agriculture, R/o. as above. 24. Raghunath Maruti Bade, Age : 62 years, Occupation : Agriculture, R/o. as above. 25. Bhagwan Mahadeo Bade, Age : 44 years, Occupation : Agriculture, R/o. as above. 26. Chandrabhan Natha Bade, Age : 58 years, Occupation : Agriculture, R/o. as above. 27. Babasaheb Walhaji Bade, Age : 45 years, Occupation : Agriculture, R/o. as above. 28. Uttam Mahadeo Bade, Age : 49 years, Occupation : Agriculture, R/o. as above. 29. Eknath Dada Bade, Age : 60 years, Occupation : Agriculture, R/o. as above. 30. Pandharinath Rakhmaji Bade, Age : 59 years, Occupation : Agriculture, R/o. as above. .. Petitioners. (5) versus 1. The State of Maharashtra. 2. Superintendent Engineer, Irrigation Project Division, Beed, At Pathardi. 3. Executive Engineer, Irrigation Project Division, Beed, at Beed. 4. Tahsildar, Pathardi, At Pathardi, District : Ahmednagar. .. Respondents. ....................... Mr. K.D. Bade Patil, Advocate, for the petitioners. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 4. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 13TH JULY 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. The claim in the petition was restricted only to prayer clause "A" i.e. providing permanent drainage system to Belpara (6) Medium Irrigation Project (Taluka : Pathardi, District : Ahmednagar). At the time of admission itself, the petitioners have given up the claim regarding compensation for damages caused to the lands of the petitioners on account of percolation of water. 2. Since the petitioners have themselves given up the claim regarding damages, as a matter of judicial propriety, it would not be appropriate on our part, to go into that question. 3. In so far as prayer clause "A" is concerned, Mr. N.B. Patil, learned Assistant Government Pleader appearing for the respondents, makes a categorical statement, on instructions, that drainage has already been provided and after installation of drainage system, there is no percolation of water in the lands of the petitioners. In that view of the matter, we find, that the petition has served its purpose. 4. In the result, the petition is disposed of, as the same has served its purpose. However, it is made clear, that in so far as damages are concerned, the petitioners shall always be at liberty to make a representation to the competent authority, which shall be considered by the competent authority on its own merits. (7) Rule is discharged. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp3006