Jai Bhavani Reti Utpadak Sahakari Sanstha Maryadit v. The Collector, Collectorate District Palghar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.10.07 10:31:38 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 4998 OF 2021 Jai Bhavani Reti Utpadak Sahakari Sanstha Maryadit ..... Petitioner Vs.

The Collector, Collectorate District Palghar & Ors.

..... Respondents Mr. Kranti L.C. for the Petitioner Mrs. M. P. Thakur, AGP for the State

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

OCTOBER 4, 2022 P.C.

We have heard the learned Counsel for the Petitioner and learned AGP for the State.

The learned Counsel for the Petitioner submits that the Petitioner restricts its prayer to the extent of refund of amount in respect of the unutilized permits.

The learned AGP submits that there is no provision for refund of the amount. Once the period of permit is over the Petitioner shall not claim any right over it. Reliance is placed on Government Resolution dated 21st May 2015.

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Per contra, according to the learned Counsel for the Petitioner, the Petitioner was not responsible for non excavation of total sand. The permits were issued to the Petitioner in the midst of the months because of which the Petitioner could not utilize the permits. The Petitioner could not excavate about 6762 brass sand because of late issuance of the permits in several months. The Petitioner has given the details of the date of issuance of permits every month, the days which the Petitioner lost of excavation because of late issuance of permit every month and the permits remained to be unutilized. If the permit is issued on the first day of the month and the permit remained unutilized, then it is the Petitioner to blame himself. State would not be responsible for it.

However, if the permit is issued in the midst of the month and the Petitioner is not given total days for excavation then the Authority has to consider the reasons for lapse of the permits. Same exercise ought to have been done while passing the impugned order. The said exercise has not been demonstrated to be done by the Authority while passing the impugned order.

The chart showing the dates of issuance of the permit every month, total permits, remaining permits and the effective days given to the Petitioner, is reproduced below:

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Date of Issue Total Permits Remaining Effective Permits Days 20th November 2015 10 days 4th February 2016 25 days 28th March 2016 3 days 3rd February 55 days 3rd March 27 days 31st March 2017 30 days 18th April 2017 12 days 29th April 2017 32 days 1st July 2017 30 days 24th July 2017 7 days 1st August 2017 30 days 25th October 2017 6 days 28th November 2017 2 days 31st March 2018 30 days 2nd May 2018 29 days Total Unutilized Permits 3381 (6762 Brass) The Collector shall consider the date of issuance of permits and whether it was possible for the Petitioner to excavate the quantum of the sand within the days available to the Petitioner. In case the Collector is satisfied that because of late issuance of the permits the Petitioner could excavate the sand then the Petitioner may request the Collector for refund of the proportionate amount. Same shall be decided by the Collector on its own merits, expeditiously, preferably within three months. 3/4

With the aforesaid observations, the Writ Petition is disposed of.

Depending upon the decision taken by the Collector, the consequences shall follow.

(R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) 4/4