rata consideration deposited with the State. That apart, a new policy has now come into force. The new policy was brought into force by the State Government following the directions issued by a Division Bench of this Court in a batch of petitions in which the improper implementation of the earlier policies and the unrestricted excavation of sand were seriously brought into issue. The State Government has now brought into force a new policy to curb the misuse and to streamline the procedure for excavation of sand from the rivers, creeks and the streams. In that view of the matter and particularly since the period for which the Petitioner was granted a licence has expired, we do not consider it appropriate to exercise our jurisdiction under Article 226 by directing an extension of the contract or extension of the period to excavate sand. We, however, direct the State in terms of the statement by the learned Government Pleader before this Court, which in terms is based on the conditions of the earlier policy, and the conditions attached to the licence granted to the Petitioner, to refund pro-rata a part of the consideration. In the event that the Petitioner makes an application with the Collector, Sindhudurg, a decision in terms as stated before the Court shall be taken and implemented within a period of four weeks of the receipt of the application. The Petition is accordingly disposed of.
