Bombay High Court
Naresh S/O Keshaorao Dahare vs The State Of Maharashtra Thr The ... on 23 March, 2016
Bench: V.A. Naik
wp189.16.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.189/2016
PETITIONER: Naresh s/o Keshaorao Dahare,
A/a - 48 years, Occupation - Business,
R/o Sant Kabir Ward, Bhandara.
...VERSUS...
RESPONDENTS : 1. The State of Maharashtra, through
the Secretary, Revenue & Forest
Department, Mantrala, Mumbai - 400032.
2. The District Collector, Bhandara,
through the Mining Officer, Bhandara.
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Shri Piyush Shukla, Advocate for petitioner
Shri N.R. Patil, AGP for respondents
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CORAM : SMT. VASANTI A. NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 23.03.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally as the notice for final disposal was issued to the respondents and
the respondents are duly served.
By this writ petition, the petitioner seeks a direction to the
respondents to refund the amount proportionate to the unexcavated sand
to the petitioner along with interest.
wp189.16.odt
It is the case of the petitioner that after the Sand Ghat was
awarded to the petitioner in the auction and the lease-deed was executed,
the Sand Ghat was closed due to the order of stay granted by this Court in
Writ Petition No.4830/2010. It is stated that though the petitioner was
entitled to excavate the sand from the Sand Ghat from the date of the
award of the contract, the petitioner was permitted to excavate the sand
to the extent of only 7460 Brass before the expiry of the lease period.
Since the term, for which the contract was liable to be awarded, was
curtailed due to the directions of the High Court and without any fault on
the part of the petitioner, the petitioner applied to the State Government
seeking a refund of the amount, in proportion to the unexcavated sand.
The application of the petitioner was favourably answered by the Hon'ble
Minister by the order dated 19.8.2014. The prayers in the application of
the petitioner was granted and the revenue department was directed to
refund the amount to the petitioner. It is stated that despite the order
dated 19.8.2014, the respondents have not paid the amount to the
petitioner till date.
In the circumstances of the case, specially in view of the
order of the State Government allowing the application of the petitioner
for refund of the amount, there is no course open but to direct the State
Government to refund the amount to the petitioner within a time-frame.
wp189.16.odt
In the circumstances of the case, we find that there is an inordinate delay
on the part of the State Government in refunding the amount despite the
order on the representation of the petitioner, dated 19.8.2014. It would
be necessary to direct the State Government to pay the amount to the
petitioner within a stipulated time.
Hence, the writ petition is allowed. The respondents are
directed to pay the amount payable to the petitioner in proportion to the
unexcavated sand as early as possible and positively within a period of six
weeks.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
