Hotel New Rich Palace Through Its Proprietor Lalit Pralhad Patil And Others v. The State Of Maharashtra Through Its Secretary And Others

( 1 ) 904 wp 2969.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 2969 OF 2023 HOTEL NEW RICH PALACE THROUGH ITS PROPRIETOR LALIT PRALHAD PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Patil Vinod Prakash AGP for Respondents/State : Mr. S.K. Tambe ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

6th February, 2024 P.C. :- 1.

The Petitioners are before this Court praying for clearance of their payments in view of their premises having been requisitioned by the local administration during the Covid-19 pandemic for accommodating Doctors, Nurses / Para Medic Staff etc. The rates decided by the District Collector vide the order dated 16.06.2020 were Rs.1200/- per a/c room per day + Rs.225/- towards meals and Rs.700/- non a/c room per day + Rs.225/- per meals. The said order is not disputed.

2.

The District Collector issued a communication dated 08.03.2021 to the Secretary, Health and Rehabilitation Department, Revenue and Forest Ministry, Mantralaya, Mumbai, requesting for release of funds for payments

( 2 ) 904 wp 2969.23 towards various utilities. It was prayed that Rs.73,69,923/- as in April-2021, was to be released from S.D.R.F. funds. Since the payments were not made to these Petitioners whose premises were fully utilized during the Covid-19 pandemic, they are required to approach this Court. 3.

The learned AGP submits on the basis of record that the rates appear to have been quantified by the District Collector. A request for releasing funds has been made to Respondent No.1. The Ministry of Revenue and Forest has intimated the District Collector, Jalgaon vide communication dated 11.07.2023 by which responsibility to make payment has now been pushed to the doorstep of the Civil Surgeon. We are informed that the Civil Surgeon does not have so much funds.

4.

In view of the above, this petition is disposed off with a direction to the Principal Secretary, Revenue and Forest Department (Health and Rehabilitation), Mantralaya, Mumbai to ensure that the payments towards the entities like the Petitioners and similarly situated persons / entities / establishments, shall be cleared within 90 days from today, failing which we would consider the conduct of Respondent No.1 as amounting to disobedience of our order and liable for initiation of Contempt of Court proceeding. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub