Sukhakarta Building Material Suppliers Thr. Proprietor Sandip N. Salunkhe v. The State Of Maharashtra Revenue And Forest Dept. And ORS

909-wp-4820-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.14820 OF 2022 Sukhakarta Building Material Suppliers ..

Petitioner.

v/s.

The State of Maharashtra & Others ..

Respondents.

Mr. Dilip Bodake, for the Petitioner.

Mr. V. M.Mali, AGP for Respondent Nos. 1 to 7. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2023.10.19 11:31:59 +0530 CORAM: SUNIL B. SHUKRE & SMITA RAJNIKANT JOSHI FIRDOSH P. POONIWALLA,JJ.

DATED : 14th SEPTEMBER, 2023.

P.C:- Heard.

Learned Counsel for the Petitioner submits that Petitioner is entitled to refund of Rs.4,52,37,048/-. Learned AGP submits that Petitioner has been refunded an amount of Rs.3,17,33,294/-. Learned Counsel for the Petitioner submits that the refund of Rs.4,52,37,048/- is actually due and it has not been so far paid to the Petitioner. From the above contentions, it becomes clear that this Petition involves disputed question of fact and, therefore, appropriate remedy would lie before the Civil Court of competent jurisdiction. We relegate the Petitioner to the alternate remedy which is available to him and accordingly dispose of the Petition. This order is modified as per order dated 18th October, 2023. S.R.JOSHI

909-wp-4820-2022.doc Petition disposed of.

All contentions are kept open.

(FIRDOSH P. POONIWALLA,J.) (SUNIL B. SHUKRE,J.) This order is modified as per order dated 18th October, 2023. S.R.JOSHI