Bombay High Court
Shri. Babu Chintu Shinde vs The State Of Maharashtra And Ors on 31 March, 2017
Bench: A.S. Oka
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ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6794 OF 2015
Babu Chintu Shinde ...Petitioner
vs.
The State of Maharashtra
and others ...Respondents
Mr.Vikram Walawalkar a/w Sambhoji Kharatmol i/b
Suresh Sabrad for the Petitioner
Mr.Manish Pabale, AGP for the State
CORAM : A.S.OKA, &
A.K.MENON, JJ.
DATE : MARCH 31, 2017
ORAL JUDGMENT: (PER A.S.OKA,J.)
1 As narrow controversy is involved in this
petition and pleadings are complete, the writ
petition is forthwith taken up for final disposal.
2 Rule. The learned AGP waives service for the
respondents.
3 Under the order dated 16th November 2011, the
petitioner's bid was accepted and the petitioner was
granted permission to excavate the sand from several
spots in river Bhima. The petitioner was permitted
to excavate sand up to 31st July 2012. The
petitioner deposited entire amount of Rs.27,00,000/-
on 21st November 2011.
4 On 5th September 2012, the petitioner made an
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application to the Hon'ble the Minister of Revenue
and Khar Lands Departments. It is stated in the
said application that for the reasons beyond his
control, the petitioner could excavate the quantity
of 452 brass of sand out of sanctioned 3200 brass.
Therefore, he applied for refund of a part of amount
deposited by him.
5 It appears that on the basis of the said
application, a report of the Collector was called
for by the State Government. A report dated 30th
October 2012 was submitted by the Tahsildar to the
District Collector. The District Collector forwarded
the report to the State Government on 21st December
2012. By order dated 10th February 2014, the State
Government accepted the case made out by the
petitioner. The State Government decided to permit
pro rata refund of Rs.23,13,562/-. On the basis of
the said order, the District Collector passed an
order dated 16th January 2015 ordering refund of
amount of Rs.23,13,562/-. A cheque was issued by the
Tahsildar on 27th October 2015 for the said amount.
The prayer in this petition under Article 226 of the
Constitution of India is for directing the State to
pay interest on the said amount of Rs.23,13,562/-
from 5th September 2012 till 27th February 2015.
6 There is a reply filed by Rajendra Kshirsagar,
the Deputy Secretary of the Revenue and Forest
Department, Mantralaya, Mumbai. In the said reply,
the Deputy Secretary has stated that the petitioner
excavated 458 brass of sand up to the period ending
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31st July 2012. It is contended that there is no
policy to pay interest on the said amount. There is
a separate reply filed by the Shri Bhanuchandra
Sidram Kolpyak, the District Mining Officer,
Solapur. It is contended that the Collector called
upon the Sub Divisional Officer by a communication
dated 2nd June 2014 to ascertain whether the
petitioner could excavate quantity of only 458 brass
of sand. On 15th December 2014, a report was
submitted by the Sub Divisional Officer confirming
the fact that the petitioner has excavated quantity
of only 458 quantity brass of sand. The District
Mining Officer thus contended that a verification
was required to be made of the correctness of the
fact that the petitioner could excavate quantity of
only 458 brass of sand.
7 According to us, the verification ought to have
been made within a reasonable time. In fact, the
report submitted by the Collector on this aspect on
21st December 2012 was very much before the State
Government when order dated 10th February 2014 was
passed. In our view, the verification ought to have
been made within a reasonable time of 2 to 3 months.
8 In the circumstances, the petitioner is
entitled to interest on the aforesaid from 1st June
2014 till the date of payment of the amount. The
rate of interest will be of 8% per annum.
9 Accordingly, we pass the following order:
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(I) We direct the respondents to pay interest
to the petitioner on the amount of
Rs.23,13,562/- at the rate of 8% per annum from
1st June 2014 to 27th February 2015. The
interest amount shall be paid within a period
of two months from today;
(II) On the failure of the respondents to pay
interest as aforesaid within a period of two
months from today, the State will be liable to
pay further interest on the said amount at the
rate of 9% per annum from the date of this
Judgment and order till the date of payment;
(III) Rule is made partly absolute in above
terms.
(A.K.MENON,J.) (A.S.OKA,J.)
