M/S. K. B. Enterprises, Thr. Proprietor, Imran Nisar Sayyed v. State of Maharashtra, in the Ministry of Revenue and Forest, Mumbai Thr. Secretary and Anr.
Case brief
What is this about?
Sand extraction lease dated 9.4.2015; permission dated 20.4.2015 to use mechanical extraction machines; operations stalled 8.5.2015 to 14.7.2015 (earlier W.P. No. 3591/2015 allowed 14.7.2015); rejection of refund claim by respondent No. 2 on 26.7.2024 relying on term 23 instead of clause 8 of the lease; Division Bench held clause 8 governs refund of proportionate contract amount when lessee prevented from extraction, quashed the impugned order and directed refund per clause 8 formula within four weeks. Bombay HC Nagpur Bench, WP 5170/2024, decided 27-03-2025, 2025:BHC-NAG:3149-DB.
What did the court decide?
Impugned order dated 26.7.2024 quashed and set aside; respondents directed to refund the proportionate contract amount for the duration 8.5.2015 to 14.7.2015, calculated as provided in clause 8 of the lease dated 9.4.2015, within a period of four weeks.