Shri Ajay Rajendra Pawar v. The State Of Maharashtra And ORS.

WP. 10718-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 10718 OF 2015 Shri Ajay Rajendra Pawar ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Atul Damle, Sr. Counsel aw S. M. Sabrad, for the Petitioner. Mr. P. P. Kakade, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : JULY 19, 2016 PC.

.

The Petitioner was awarded a contract of excavation of the sand. The Petitioner has deposited one-fourth of the amount, as directed by the Respondents. A PIL was filed in this Court, in which a direction was given by this Court that the process of auction may continue. However, this Court restrained the Respondents from excavating the sand from the site. During pendency of the said PIL, the entire period, for which the contract was awarded, was over. It is submitted that the money deposited by the Petitioner, therefore, be 1 / 2

WP. 10718-15 refunded to him. Representation to that effect was made by the Petitioner, but the said representation was not yet decided. Prayer clause (b) and other prayers have now become infructuous. Petitioner is now interested only in getting his money back alongwith interest. We, therefore, direct Respondent No. 1 to decide the Petitioner's representation for refund of the amount, deposited by him with interest @ 18% per annum, and to take a decision on merits and in accordance with law within four weeks. If the representation is not decided by Respondent No.1 withing the stipulated period, liberty is granted to the Petitioner to apply. Writ petition is accordingly disposed of in the aforesaid terms.

Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2