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Bombay High CourtWP/4356/2022disposed off

Sunil Prabhakarao Mirkar v. State Of Maharashtra Through Principal Secretary And Others

2022-04-18Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.4356 OF 2022 SUNIL PRABHAKARAO MIRKAR

VERSUS

STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

20 WRIT PETITION NO.4357 OF 2022 SUNIL PRABHAKARAO MIRKAR

VERSUS

STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

21 WRIT PETITION NO.4358 OF 2022 SUNIL PRABHAKARAO MIRKAR

VERSUS

STATE OF MAHARASHRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

22 WRIT PETITION NO.4361 OF 2022 SUNIL PRABHAKARAO MIRKAR

VERSUS

STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

23 WRIT PETITION NO.4362 OF 2022 SUNIL PRABHAKARAO MIRKAR

VERSUS

STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Devdatt P. Palodkar (in all matters) AGP for Respondents - State : Mr. S. G. Karlekar (in all matters) ...

CORAM :

R. D. DHANUKA & S. G. MEHARE, JJ.

DATE : 18-04-2022 PER COURT :- By these Petitions filed under Article 226 of the Constitution of India, the petitioners seek direction against respondent no.3 for quashing and setting aside the communication dated 17th March, 2022 received by the petitioners on 29th March, 2022 and further seek Writ of Mandamus against respondent no. 3 to consider representations made by the petitioners described in prayer clause 'B' of the petitions.

2.

There is no dispute that, the State Government has power to grant further extension of time to deposit the amount in case of delay on the part of petitioners to deposit amount within the time prescribed. The representations made by the petitioners are still pending.

3.

We accordingly direct the State Government to consider and dispose of the representations made by the petitioners prescribed in prayer clause 'B' of these petitions within a period of two weeks from the date of receipt of this order without fail on its own merits and in accordance with law. The order that would be passed by the authority concerned, the respondent no. 3 shall communicate

the said order to the petitioners within a period of three (03) days from the date of passing of such order. Learned Minister will grant personal hearing to the petitioners before passing of any order. If the representations of the petitioners are accepted, the respondent no. 3 shall grant consequential benefits to the petitioners within a period of 48 hours from the date of passing of the order. If the representations of the petitioners are rejected, then the petitioners would be at liberty to file appropriate proceedings.

4.

Writ petitions are disposed off in aforesaid terms. No order as to costs.

5.

Since the representations of the petitioners are pending before the learned Minister, the respondent no. 3 shall not proceed with invitation of fresh tender till the representations of the petitioners are decided by the learned Minister. ( S. G. MEHARE ) ( R. D. DHANUKA ) JUDGE JUDGE rrd