Bombay High Court
Sanjay Singh S/O Brijpalsingh ... vs State Of Maha., In The Ministry Of ... on 19 October, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
1
19-10-2022-wp-873 of 2022 and connected petitions.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.873 of 2022,
Writ Petition No.874 of 2022,
Writ Petition No.5115 of 2022,
Writ Petition No.3087 of 2022,
Writ Petition No.3124 of 2022,
Writ Petition No.3133 of 2022,
Writ Petition No.3123 of 2022,
Writ Petition No.3261 of 2022,
Writ Petition No.3262 of 2022,
Writ Petition No.3263 of 2022
And
Writ Petition No.3496 of 2022
Writ Petition No.873 of 2022
Sanjay Singh S/o Brijpalsingh Kachhawaha,
Aged about 50 years,
Occ.: Business,
R/o Ward No.5,
Behind City Garden, Waraseoni,
Tehsil Waraseoni, District Balaghat
(Madhya Pradesh). ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The Additional District Collector,
Gondia. ... Respondents
Writ Petition No.874 of 2022
M/s. Avatar Minerals,
Through its Proprietor,
Shri Jasjitsingh Pritamsingh Bhatia,
Aged 47 years,
19-10-2022-wp-873 of 2022 and connected petitions.odt
Occ: Business,
R/o Kuber Tower-2,
Near Reliance Petrol Pump, Gondia,
Tehsil & District Gondia. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The Additional District Collector,
Gondia. ... Respondents
Writ Petition No.5115 of 2022
M/s. Namaswi Traders,
Through its Proprietor,
Vinod Radheshyam Gupta,
Aged 42 years,
Occ.: Business,
R/o Main Road, Bazar Chowk,
Saoner, District Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
19-10-2022-wp-873 of 2022 and connected petitions.odt
Writ Petition No.3087 of 2022
M/s. Nisar Sons,
Through its Proprietor
Qamar Ahmed Siddiqui,
Aged 60 years,
Occ: Business,
R/o Dahegaon Rangari,
Tehsil Saoner, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3124 of 2022
M/s. Nisar Sons,
Through its Proprietor
Qamar Ahmed Siddique,
Aged 60 years,
Occ: Business,
R/o Dahegaon Rangari,
Tehsil Saoner, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
19-10-2022-wp-873 of 2022 and connected petitions.odt
Writ Petition No.3133 of 2022
M/s. Bagde Traders,
Through its Proprietor
Sandeep Bhimrao Bagde,
Aged 35 years,
Occ: Business,
R/o Dahegaon Rangari,
Tehsil Saoner, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3123 of 2022
M/s. Sanjay Trading & Company,
Through its Proprietor
Shri Sanjay Shriram Chanikar,
Aged 28 years,
Occ: Business,
R/o at post Ghat Rohana,
Tehsil Parseoni, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
19-10-2022-wp-873 of 2022 and connected petitions.odt
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3261 of 2022
M/s. Om Enterprises,
Through its Proprietor
Shri Madan Meghraj Kharagban,
Aged 62 years,
Occ: Business,
R/o Ward No.2, Dattanagar,
Milan Chowk, Khaparkheda,
Tehsil Kamptee, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3262 of 2022
M/s. Gaikwad Enterprises,
Through its Proprietor
Shri Manoj Anandrao Gaikwad,
Aged 44 years,
Occ.: Business,
R/o Patansawangi,
Tehsil Saoner, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
19-10-2022-wp-873 of 2022 and connected petitions.odt
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3263 of 2022
M/s. S R Infrastructure,
Through its Proprietor
Shri Rahul Shravan Zodape,
Aged 34 years,
Occ.: Business,
R/o Ward No.4, Dahegaon (Rangari),
Tehsil Saoner, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Writ Petition No.3496 of 2022
M/s. Nashik Transport,
Through its Proprietor
Shri Aashik Laxman Sahare,
Aged 37 years, Occ: Business,
R/o Plot No.273, Raut Nagar,
Bahadura, Dist. Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
Through its Secretary.
19-10-2022-wp-873 of 2022 and connected petitions.odt
2. The Divisional Commissioner,
Nagpur Division, Nagpur.
3. The District Collector,
Nagpur. ... Respondents
Shri V.S. Kukday, Advocate for Petitioners.
Ms N.P. Mehta, Assistant Government Pleader for Respondents.
CORAM : SUNIL B. SHUKRE & ANIL L. PANSARE, JJ.
DATE : 19th OCTOBER, 2022
ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
2. It is not in dispute that the issue involved in all these petitions
is squarely covered by the view taken by this Court in the common
judgment rendered in group matters starting with Writ Petition No.53
of 2022, on 23-9-2022. Therefore, all these petitions are allowed for
the same reasons as are stated in the common judgment
dated 23-9-2022.
3. Accordingly, we direct the State Government to refund the
security deposits of each of the petitioners within a period of eight
weeks from the date of the order. We further direct that the lease
agreements executed by each of the petitioners shall be treated as
cancelled with effect from 28-1-2022.
19-10-2022-wp-873 of 2022 and connected petitions.odt
4. All these petitions stand disposed of accordingly.
5. Rule is made absolute in the above terms. No costs.
(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.)
Lanjewar
