The High Court disposed of writ petitions challenging a 2013 sand auction stay order, noting the two-and-a-half-year delay rendered the process futile.
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926 sr. no..odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9694 OF 2013 WITH WP/1931/2014
NIRMALABAI SHIVAJI KAKDE VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner :Mr. L.M. Kulkarni Ms. S.S. Raut, AGP for the Respondent
CORAM : S.V. GANGAPURWALA & K.K. SONAWANE, JJ. DATE : 17th JUNE , 2016.
PER COURT:
1] The petitioners have assailed the auction of sand spots conducted in the year 2013. An interim order was passed, wherein, the allotment of tender work to successful bidder was stayed.
2] Period of more than two and half years has lapsed. Said tender process now would be of no avail nor can be proceeded with. Moreover, no right can be said to have been created in third person, as the respondents were restrained from allotting the letter of acceptance.
3] Considering the above, Writ petitions are disposed of in terms of the interim order. In case the respondents come out with fresh auction, the petitioners are at liberty to assail the same as may be permissible in law. In the circumstances, there shall be no orders as to costs.
[K.K. SONAWANE] [S.V. GANGAPURWALA] JUDGE JUDGE.
grt/-
Nirmalabai Shivaji Kakde
The State of Maharashtra
S.V. Gangapurwala
K.K. Sonawane
As recorded by the court registry
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