Pradip Bhausaheb Ghuge v. The State Of Maharashtra And Another

1 wp 1071.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1071 OF 2019 Pradip Bhausaheb Ghuge .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri K. N. Shermale, Advocate for the Petitioner. Shri S. B. Narwade, A.G.P. for Respondent Nos. 1 and 2. CORAM :

S. V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE :

18TH NOVEMBER, 2019.

FINAL ORDER :

.

The petitioner seeks implementation of the order passed by the Hon'ble Minister.

2.

The Hon'ble Minister has passed an order to refund the amount deposited by the petitioner pursuant to the auction of the sand spot. The said order is passed on 03.07.2014. The respondents today have filed affidavit contending that the order of the Hon'ble Minister is now subject to process of review. The review is not yet filed. The authorities are contemplating filing review.

3.

The subordinate authorities are bound by the orders passed by the higher authorities, unless order is set aside or some steps are taken for challenging the same. The respondents

2 wp 1071.19 have not challenged the order passed by the Hon'ble Minister, nor have filed review as yet. The respondents are at liberty to take appropriate steps in respect of order of the Hon'ble Minister. However, order of the Hon'ble Minister is in force. The respondents may implement the said order within a period of six

(06) months from today. The respondent authorities are at liberty to take such steps as are permissible in law. If the order of the Hon'ble Minister is modified or set aside, the parties would be governed by the said order.

4.

In view of the above, the writ petition is disposed of. No costs.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] bsb/Nov. 19