Sandeep Sambhaji Pharate Through His Power Of Attorney Holder Macchindra Babanrao Choudhary v. The State Of Maharashtra And Others

1 wp 821.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 821 OF 2018 Sandeep Sambhaji Pharate through his power of attorney holder Macchindra Babanrao Choudhary .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri V. D. Hon, Senior Advocate i/by Shri A. V. Hon, Advocate for the Petitioner.

Shri A. S. Shinde, A.G.P. for All Respondents. CORAM : S. V. GANGAPURWALA AND ARUN M. DHAVALE, JJ.

DATE : 23RD JANUARY, 2018.

FINAL ORDER :

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Issue notice to respondents. The learned A. G. P. waives notice for all respondents.

2.

Mr. Hon, the learned senior advocate for the petitioner submits that, the sand spot was allotted to the petitioner, however, excavation could not be undertaken because of the orders of the National Green Tribunal and the other contingencies. The petitioner had moved for refund of amount to the Collector. The Collector communicated to the petitioner that,

2 wp 821.18 he has no jurisdiction to entertain such application and the jurisdiction vests with the State Government. The learned senior advocate submits that, the petitioner approached the State Government on 29.12.2017, however, the same is not considered. Even reminder was given, but it is not yet decided. 3.

We have heard the learned Assistant Government Pleader. 4.

In case, the application filed by the petitioner (Exhibit - L collectively) is pending with the respondent No. 1, then the respondent No. 1 shall take decision upon it on its own merits, in accordance with law, expeditiously and preferably within a period of three (03) months from today. The writ petition is disposed of. No costs.

[ARUN M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 17