Ashok Shivaji Bhosale And ORS v. State Of Maharahstra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8666 OF 2022 Ashok Shivaji Bhosale and Ors.

....Petitioners

Versus

State of Maharashtra and Anr.

....Respondents --- Mr. G.S. Godbole i/b Ketki Gadkar a/w mr. P.B. Salgar- for the Petitioner.

Mr. A.I. Patel, Addl. G.P. a/w Ms. Kavita N. Solunke, AGP for Respondent Nos. 1 to 3 - State Advocate for the Respondent --- CORAM : R. D. DHANUKA & S. G. DIGE, JJ.

DATE : 28th NOVEMBER, 2022.

P.C. :

1.

Mr. Patel, learned Additional Government Pleader tenders letter dated 22nd February 2019 to the Resident Deputy Collector stating that the amount of Rs. 7,19,84,175/- will have to be refunded to the petitioners. He seeks one week's time to make a statement as to when the order passed by the Respondent No.1 on 26th October 1/3

2018 would be complied with.

2.

It is submitted that the said order is not complied with till date and would be complied with within four weeks from today. Statement is accepted.

3.

We direct Respondent Nos. 2 and 3 to implement the said judgment and order dated 26th October 2018 passed by Respondent No.1 Hon'ble Revenue Minister within four weeks from today without fail. Failing which, this Court would initiate proceedings under the provisions of Contempt of Courts Act 1971 against the Respondent Nos. 2 and 3 for wilfull disobedience of the orders passed by this Court.

4.

The petitioner was entitled for the refund pursuant to the order dated 26.10.2018 passed by the Hon'ble Revenue Minister four years back. The petitioner would be at liberty to make a separate representation for payment of interest on the said amount after recovery of the principle amount. The petition is disposed of in the aforesaid terms. 5.

Place the matter for reporting compliance on 9th January 2023.

2/3

6.

If the order passed by this Court is not complied with on or before the next date, the petitioner would be at liberty to file contempt proceedings against Respondent Nos. 2 & 3.

(S. G. DIGE, J.) ( R. D. DHANUKA J.) 3/3