Patel Faradmiya Khajamiya v. State Of Maharashtra And Others

1 ca 5998.2023+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.5998 OF 2023 IN WP/2940/2015 WITH WP/2940/2015 PATEL FARADMIYA KHAJAMIYA

VERSUS

STATE OF MAHARASHTRA THROUGH ITS DIRECTORATE OF GEOLOGY AND MINING AND OTHERS ...

Advocate for Applicant: Mr. Suhas P. Urgunde AGP for Respondent/State: Mr. K. N. Lokhande ...

CORAM :ARUN R. PEDNEKER, J.

DATE :31st AUGUST, 2023 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioner submits that the notice was issued to the petitioner for payment of royalty and damages to the tune of Rs.12,40,000/-. The said notice was challenged before this court and this court granted stay, subject to deposit of Rs.4,00,000/-. The petitioner has deposited Rs.4,00,000/-, on 27.03.2015. Thereafter, the learned counsel submits that the hearing was conducted before the

2 ca 5998.2023+ authorities and the authority by order dated 02.12.2020 has held Rs.31,79,320/- is due as against the appellant. The learned counsel for the petitioner submits that the petitioner has now paid the entire due amount against him.

3.

The learned learned AGP appears for the Tahsildar has produced the letter of the Tahsildar that all the amount due i.e. Rs.32,19,694/- has been paid by the petitioner.

4.

In view of the fact that the petitioner has now paid the entire amount due, the petitioner is permitted to withdraw Rs.4,00,000/- deposited in this court along with accrued interest.

5.

The petitioner also seeks leave to withdraw the pending writ petition.

6.

In view of the above, the application for withdrawal of amount and the writ petition are disposed of.

[ARUN R. PEDNEKER, J.] marathe