1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3030 OF 2009 Gajanan Madhavrao Aghav, Age : 56 years, Occup.Agriculture, R/o Opp. Chanakya Hotel, Bhagyanagar, Old Jalna ..PETITIONER VERSUS 1. The State of Maharashtra (Through its Secretary, Mantralaya, Mumbai) 2. The Collector, Jalna, Jalna 3. The Tahsildar, Jalna, Jalna 4. The Managing Director Jalna Sahakari Sakhar Karkhana Ramnagar, Jalna 5. The Maharashtra State Co-operative Bank Ltd., Mumbai, Regional office at Aurangabad, Through It’s Grade-I Officer Shri Sudhir Mahadeo Mhetre, Age : 47 years, Occu.service, R/o Town Centre, CIDCO, Cannought Place, Aurangabad ..RESPONDENTS Mr P.A. Kulkarni, Advocate for the petitioner; 2 Mr V.H. Dighe, AGP for respondents no.1 to 3; Mr Sandeep Gorde Patil, Advocate for respondent no. 5/intervenor. CORAM: P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 28th JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner by this petition prays for directing the respondent – Collector to execute the recovery certificate issued by the Labour Commissioner, Aurangabad under the Payment of Gratuity Act for the amount stated therein. The learned Counsel for the intervenor – Bank states that the aforesaid certificate would only be executed upon sale of the immovable property belonging to the respondent – sugar factory, which now stands mortgaged to the intervenor. In the light of that, therefore, we permit the intervenor Bank to submit its objections, if any, to the Collector within two weeks from today and direct the Collector to decide the said objections in accordance with law within a period of four weeks thereafter and communicate the decision to the parties to the present petition. Certificate to be executed only after objections, if submitted by the intervenor- Bank, is decided. 3 3. Rule is thus made absolute on the above terms with no order as to costs. 4. Copy of this judgment duly authenticated by the Court Sheristedar of this Court be issued to the learned Counsel for the intervenor to act upon. [ A.V. POTDAR, J ] [ P.V. HARDAS, J ] amj/wp3030.09 4 WRIT PETITION NO.3030 OF 2009 Date of decision : 28th July, 2009 For approval and signature. THE HONOURABLE SHRI JUSTICE P.V. HARDAS THE HONOURABLE SHRI JUSTICE A.V. POTDAR 1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reporter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No. [Anant Joshi] Private Secretary to the Honourable Judge. 5