Narayan Nabaji Matkar v. The District Collector And Others

2208.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 WRIT PETITION NO.2208 OF 2022 NARAYAN NABAJI MATKAR

VERSUS

THE DISTRICT COLLECTOR & OTHERS ...

Advocate for the petitioner : Mr.H.P.Jadhav AGP for Respondent-State : Mr.S.K.Tambe ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 15.02.2022 P.C. :

1] We are not entertaining the prayer soliciting criminal action.

2] Learned counsel for the petitioner submits that the present petition would be restricted to the extent of considering representation for refund of the amount deposited by the petitioner i.e. Rs.4,70,000/- and Rs.2,55,000/-.

3] Learned counsel for the petitioner submits that the respondents be directed to refund the entire amount deposited by the petitioner.

2208.22WP 4] According to the learned counsel for the petitioner, the petitioner has deposited an amount of Rs.4,70,000/- and Rs.2,55,000/- for the purpose of auction. The petitioner was not allotted any onion. The respondents are not refunding amount also. The mischief is played by the respondents. Fraudulently, onions are sold in black market.

5] In the present petition, we are not considering the grievance of the petitioner in respect of taking criminal action as he is entitled to file the complaint. 6] In so far as refund of amount, the petitioner may file representation with the competent authority for refund of the amount giving specific dates of the deposit of the amount and the exact amount deposited. The Competent Authority shall take decision upon the said representation of the petitioner for refund of the amount, preferably within three [3] months from the date of application.

7] Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC