The High Court at Bombay (Aurangabad) disposed of the writ petition regarding a refund of deposit for a sand ghat auction. Granting liberty for the petitioner to seek relief from the State Government within specified timelines.
Liberty granted to petitioner to seek refund from State Government within stipulated timelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) WP. 29-2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.29 OF 2011
Pandurang Balajirao Kakade PETITIONER
VERSUS
The State of Maharashtra and ors. RESPONDENTS
.....
Mr. A.B. Girase, Advocate for the petitioner.
Mr. S.G. Nandedkar, AGP for the respondent-State.
.....
COURT'S ORDER (PER-DHARMADHIKARI,J.):-
1. Rule. Rule made returnable forthwith. By
consent, the Petition is heard finally.
2.Advocate Girase states that due to passage of
time, petitioner should be granted refund of the
amount deposited by him towards sand ghat auction.
3.Learned A.G.P. submits that such refund is
regulated by Government policy and those powers are
with the State Government.
4.This Court has already disposed of one such
matter while dealing with Writ Petition no. 8740 of
2011 on 09.08.2012. In this situation, we grant
(2) WP. 29-2011
liberty to the petitioner to make appropriate
representation to respondent no.1, within a period of
four weeks from today. If such representation is
made, the same shall be looked into and decided within
a further period of two months. If the petitioner is
found entitled to refund, the amount shall be refunded
to him within a further period of three months.
Acceptance of that amount shall not preclude the
petitioner from challenging the correctness of the
decision.
5.Petition is thus partly allowed and disposed
of. No costs. Rule made absolute accordingly.
Sd/-Sd/-
[SUNIL P. DESHMUKH, J.] [B.P. DHARMADHIKARI, J.]
arp/
2 issues framed by the court
Whether the petitioner is entitled to a refund of the amount deposited towards a sand ghat auction.
Whether the State Government's power to regulate refund under its policy precludes judicial intervention.
Pandurang Balajirao Kakade
The State of Maharashtra
Sunil P. Deshmukh
B.P. Dharmadikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court