Bombay High Court
Sevak S/O. Bhimrao Ramteke vs State Of Maharashtra, In The ... on 23 September, 2022
Bench: S.B. Shukre, G. A. Sanap
Judgment 1 3.wp.53.2022judg+8.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.53 OF 2022
Amit Bhagwan Gedam,
Aged 34 Yrs., Occu.: Business,
R/o. Beena, Tehsil Kamptee,
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 Additional District Collector,
Bhandara. .... RESPONDENTS
WITH
WRIT PETITION NO.59 OF 2022
Vijeshkumar S/o. Janba Chopkar,
Aged 39 Yrs., Occu.: Business,
R/o. Kothurna, Tehsil & District
Bhandara .... 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,
Bhandara. .... RESPONDENTS
Judgment 2 3.wp.53.2022judg+8.odt
WITH
WRIT PETITION NO.56 OF 2022
Sanjay S/o. Raghunath Mungle,
Aged 35 Yrs., Occu.: Business,
R/o. Bisi, Tehsil Chimur,
District Chandrapur .... 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,
Bhandara. .... RESPONDENTS
WITH
WRIT PETITION NO.61 OF 2022
M/s. New Mansi Gift &,
Greeting Gallery,
Through its Proprietor,
Shri Deepak Hariram Gangwani,
Aged 54 Yrs., Occu.: Business,
R/o. Khamtalao, Mukherjee Ward,
Bhandara .... 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,
Bhandara. .... RESPONDENTS
Judgment 3 3.wp.53.2022judg+8.odt
WITH
WRIT PETITION NO.60 OF 2022
Satish S/o. Govinda Gotephode,
Aged 37 Yrs., Occu.: Business,
R/o. Kothurna, Tehsil & District
Bhandara .... 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,
Bhandara. .... RESPONDENTS
WITH
WRIT PETITION NO.58 OF 2022
M/s. Nashik Transport,
Through its Proprietor,
Shri Ashok Lakshman Sahare,
Aged 36 Yrs., Occu.: Business,
R/o. Plot No. 273, Sant Jagnade
Housing Society, 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 Additional District Collector,
Bhandara. .... RESPONDENTS
Judgment 4 3.wp.53.2022judg+8.odt
WITH
WRIT PETITION NO.55 OF 2022
Sevak S/o. Bhimrao Ramteke,
Aged 42 Yrs., Occu.: Business,
R/o. Bisi, Tehsil Chimur,
District Chandrapur .... 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,
Bhandara. .... RESPONDENTS
WITH
WRIT PETITION NO.57 OF 2022
Lokram S/o. Mitaram Thakre,
Aged 40 Yrs., Occu.: Business,
R/o. Kumbhli, Tehsil Sakoli,
District Bhandara .... 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,
Bhandara. .... RESPONDENTS
Judgment 5 3.wp.53.2022judg+8.odt
WITH
WRIT PETITION NO.54 OF 2022
Jitendra Ganesh Mhaske,
Aged 40 Yrs., Occu.: Business,
R/o. Ward No. 5, Santaji Nagar,
Kandri, 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
3. The Additional District Collector,
Bhandara. .... RESPONDENTS
___________________________________________________________________
Mr V. S. Kukday, Advocate for the petitioners in all petitions
Mr N. P. Mehta, AGP for respondent Nos.1 to 3 in all petitions
___________________________________________________________________
CORAM : SUNIL B. SHUKRE AND
G. A. SANAP, JJ.
DATED : 23.09.2022
ORAL JUDGMENT : (PER : SUNIL B. SHUKRE, J.)
1] Heard. RULE. Rule made returnable forthwith. Heard
finally by consent.
2] In each of these petitions issue involved is same and
common and therefore, these petitions are being disposed by this
common judgment. The issues involved primarily relate to the right of
Judgment 6 3.wp.53.2022judg+8.odt
the petitioners to seek extension of period of lease during which
different sand ghats were allotted to each of these petitioners for their
excavation and if the extension of the lease period could not be
granted, whether the petitioners would be entitled to be refunded their
security deposits or not.
3] We find that now new sand ghat allotment policy has come
into force with effect from 20.01.2022 and therefore, whatever has to
be done now would have to be in accordance with the new sand ghat
allotment policy. The lease agreements of the petitioners were
executed prior to coming into force of a new sand ghat allotment policy
and now obviously they are no longer workable. Considering these
facts, the State Government in its reply filed in each of the petitions has
conceded that it is willing to refund the security deposits of each of the
petitioners. If that is so, we are of the view that these petitions can be
disposed by issuing appropriate directions.
4] 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
Judgment 7 3.wp.53.2022judg+8.odt
effect from 20.01.2022. All these writ petitions stand disposed of,
accordingly.
5] Rule is made absolute in the above terms. No costs.
(G. A. SANAP, J.) (SUNIL B. SHUKRE, J.)
Namrata
Signed By:NAMRATA YOGESH
DHARKAR
P. A.
High Court Nagpur
Signing Date:23.09.2022 17:10
