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Judgment
A.P. Lavande, J.—Rule. By consent of the learned Counsel for the parties heard forthwith.
By this petition under Article 227 of the Constitution of India, the Petitioner has challenged recovery certificate dated 28th January, 2009 issued by the Respondent and notice of demand dated 11th August, 2009 issued by Respondent No. 2.
During the course of hearing, learned Counsel appearing for the Petitioner and Respondent No. 3 submitted that the amount due in terms of the award up to the date of the award is Rs. 1,78,200/-. Instead of remanding the matter to the Commissioner and to the Mamlatdar, I deem it appropriate to substitute the said figure in recovery certificate dated 28th January, 2009 as well as notice of demand issued by Respondent No. 2. In other words, the amount of Rs. 1,99,800/-in the recovery certificate as well as in the notice of demand stands substituted by Rs. 1,78,200/-.
Needless to the mention that Respondent No. 3 would be entitled to recover any amount due, if any, after the award by resorting to appropriate proceedings under the law.
An amount of Rs. 16,200/- deposited in this Court and withdrawn by Respondent No. 3 shall be adjusted against the amount due in terms of the recovery certificate.
Rule is made partly absolute in aforesaid terms with no order as to costs.
