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Bombay High Court

Vishal Sambhaji Kudale vs The State Of Maharashtra And Others on 3 February, 2020

Bench: S.V. Gangapurwala, Shrikant D. Kulkarni

                                        1
                                                         (21) WP-2069-2020

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD

                          WRIT PETITION NO.2069 OF 2020

Vishal Sambhaji Kudale                                 ..Petitioner

        Versus

The State of Maharashtra and ors.                      ..Respondents

Mr U.R. Awate, Advocate h/f Mr Talekar and Associates for petitioner
Mr S.Y. Mahajan, Addl.G.P. for respondent-State

                                   CORAM : S.V. GANGAPURWALA AND
                                           SHRIKANT D. KULKARNI, JJ.

                                    DATE    : 3.2.2020

ORAL ORDER :

1. The learned Counsel for the petitioner submits that petitioner had approached the Honourable Minister for extension of time to excavate the sand and also for refund of the amount.

2. The Honourable Minister partly allowed the claim of the petitioner and directed the Collector to take decision. The petitioner approached this Court by filing Writ Petition No.11072 of 2017. This Court under order dated 18.12.2017, directed the Collector to take decision on its own merits. Thereafter, the Collector on 16.6.2018 communicated respondent no.1 that the petitioner is entitled for amount of Rs.46,44,482/-. The respondent no.1 thereafter sought report from the Collector under order dated 20.8.2018 and 16.2.2019. The same is pending.

3. Mr Mahajan, learned Addl.G.P. submits that the authorities will proceed with the same in accordance with law. ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/06/2020 09:46:40 ::: 2

(21) WP-2069-2020

4. Considering the fact that about an year back, respondent no.1 has directed the Collector to forward the report, the respondents no.2 and 3 shall forward their report with regard to the claim of the petitioner, for refund of the amount and as directed by respondent no.1 (Pages 78 and 79), preferably within three months. On receipt of the report, the respondent no.1 shall take decision, preferably within three months thereafter.

5. Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr ::: Uploaded on - 07/02/2020 ::: Downloaded on - 07/06/2020 09:46:40 :::