Disposed

Madhavrao Himatrao Joshi and Another v. the State of Maharashtra and Others

Bombay HC4 Sept 2013WP/1261/2013

Case brief

AI extract

What is this about?

Two petitioners challenged an auction of a sand guard lease that expired in July 2013. The court held the controversy infructuous pending a refund application by the successful bidder, directing authorities to process the refund within a specified timeline and disposing the writ petition.

What did the court decide?

The writ petition was disposed of; the successful bidder was granted two weeks to apply for refund with a deadline for authority to decide and refund within four weeks of application.

Madhavrao Himatrao Joshi and Another Vs the State of… — Money Laundering | Bombay HC (2013)

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(1)

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

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Writ Petition No. 1261 of 2013

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Madhavrao s/o. Himatrao Joshi, Age : 46 years, Occupation : Agriculture, R/o. Kothara Jainpur, Taluka : Bhokardan, District : Jalna.

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Sudhakar s/o. Kashinath Rode, Age : 48 years, Occupation : Agriculture, R/o. Kothara Jainpur, Taluka : Bhokardan, District : Jalna.

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.. Petitioners.

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versus

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The State of Maharashtra, Through its Principal Secretary, Revenue and Forest Department, Mantralaya, Mumbai.

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The Collector, Jalna, Taluka & District : Jalna.

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The Sub-Divisional Officer, Jalna, Taluka & District : Jalna.

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The Tahsildar, Bhokardan, Taluka : Bhokardan, District : Jalna.

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(2)

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The Senior Geologist, Survey Officer, Ground Water Survey Office, Collector Office, Aurangabad.

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Amit s/o. Sakharam Kalkar, Age : 45 years, Occupation : Contractor, R/o. Tilakwadi, Taluka & District : Buldhana. .. Respondents.

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Mr. Pravin S. Dighe, Advocate, for the petitioner.

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Mr. V.D. Godbharle, Assistant Government Pleader, for respondent nos.1 to 5.

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Mr. D.P. Palodkar, Advocate, for respondent no.6 / caveator.

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CORAM : B.P. DHARMADHIKARI & RAVINDRA V. GHUGE, JJ.

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DATE : 4TH SEPTEMBER 2013

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COURT'S ORDER (Per B.P. Dharmadhikari, J.) :

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Heard Adv. Mr. P.S. Dighe for the petitioner, learned AGP Mr. V.D. Godbharle for respondent nos.1 to 5, and Adv. Mr. D.P. Palodkar for respondent no.6 / caveator.

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The grievance is in relation to auction of sand guard held in January 2013. The lease period was up to 31st July 2013. The said period

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(3)

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has already expired. This Court granted interim stay in the matter on 13-2-2013 and hence, successful bidder i.e. respondent no.6 could not excavate any sand till today.

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In this situation, as period for which auction was held has already expired, the controversy is rendered infructuous.

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Adv. Mr. Palodkar submits that respondent no.6 has deposited some amount and it needs to be refunded to respondent no.6. Learned AGP Mr. Godbharle submits that there is a procedure for seeking such refund.

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Respondent no.6 could not operate sand guard because of interim orders passed by this Court. We, therefore, grant time of two weeks from today, to apply to the competent authority for refund of the amount. If such application is moved, same shall be decided by the competent authority within further period of four weeks. If respondent no. 6 is found entitled for refund of the amount, same shall be refunded to him within further period of four weeks.

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With these directions and keeping rival contentions open, we dispose of the Writ Petition. No costs.

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( RAVINDRA V. GHUGE ) ( B.P. DHARMADHIKARI ) JUDGE JUDGE

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bgp/wp1261

Madhavrao Himatrao Joshi and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Madhavrao Himatrao Joshi and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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