Nitin S/O. Naresh Rajabhoi vs State Of Maharashtra, In The ...
2016 Latest Caselaw 1820 Bom

                                                            1                        wp1946.16.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR




                                                                                              
                               WRIT PETITION NO.1946/2016




                                                                    
          Nitin s/o Naresh Rajabhoj,
          aged 37 years, Occ. Business,
          r/o Omnagar, Nari Road, Nagpur.                             .....PETITIONER




                                                                   
                                     ...V E R S U S...

     1. State of Maharashtra, in the Ministry
        of Revenue and Forest, Mantralaya,
        Mumbai-32, through its Secretary.




                                                   
     2. State of Maharashtra, in the Ministry
                              
        of Finance, Mantarlaya, Mumbai-32,
        through its Secreatry.

     3. The District Collector, Bhandara.                             ...RESPONDENTS
                             
     ---------------------------------------------------------------------------------------------------
     Mr. V. S. Kukday, Advocate for petitioner.
     Mr. N. R. Rode, Assistant Government Pleader for respondents.
      

     --------------------------------------------------------------------------------------------------
                                      CORAM:-  SMT. VASANTI A. NAIK AND
   



                                                      V. M. DESHPANDE, JJ.

DATED :- APRIL 25, 2016

ORAL JUDGMENT (Per : Smt. Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. Heard finally with

the consent of the learned counsel for the parties.

2. The only prayer made by the petitioner in this writ petition

is for a direction to the respondent no. 2 to immediately pay the amount

of Rs.39,15,431/- to the petitioner towards the amount of refund for

the unexcavated sand from the Sand Ghat.

2 wp1946.16.odt

3. The petitioner was awarded a Sand Ghat in Bhandara

district and the petitioner had submitted a bid of Rs.75,00,000/-

towards excavation of 28,000 brass of sand. Though, the petitioner was

permitted to excavate the aforesaid quantity of sand, the petitioner

could not excavate the aforesaid quantity for the reasons beyond his

control. The sand could not be excavated in view of the interim orders

passed by this Court in a writ petition. The petitioner, therefore,

applied for refund of the amount towards the unexcavated quantity of

sand before the Hon'ble Minister. The representation of the petitioner

was favourably considered by the Hon'ble Minister and the collector,

Bhandara was directed to refund the aforesaid amount to the petitioner.

It is the case of the petitioner that the said amount is yet not paid to the

petitioner despite the order of the Hon'ble Minister.

4. Mr. Rode, the learned Assistant Government Pleader

appearing on behalf of the respondents states on instructions received

by him vide communication dated 25.04.2016 (that is placed on record)

that the aforesaid amount would be paid to the petitioner within a

period of three months. It is stated that the statement made on behalf

of the respondent no. 2 that the said amount would be refunded to the

petitioner within a period of three months may be accepted and the writ

petition could be disposed of.

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5. In view of the statement made by the learned Assistant

Government Pleader, the grievance of the petitioner would stand

redressed. Hence, by accepting the statement made on behalf of the

respondents, which would be binding on the respondents, we dispose of

the writ petition. Rule accordingly. No order as to costs.

(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.)

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