Ms A V Industries Through Its Partner Anil Vishwanath Paulkar v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:8509-DB ( 1 ) wp4012.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 4012 OF 2024 MS A V INDUSTRIES THROUGH ITS PARTNER ANIL VISHWANATH PAULKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.S.P. Urgunde, Advocate for the Petitioner. Mr.P.K. Lakhotiya, AGP for Respondent/State.

Mr.S.S. Dande, Advocate for the Respondent/MIDC.

CORAM

: RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATED : 17.04.2024 PC :- 01.

We have heard the learned Advocates for the respective sides. The allotment of the plot by the MIDC is dated 26.07.2022. 25% of the amount was to be paid by the Petitioner. There is no dispute that this amount is paid. Since the remainder amount of 75% was not paid by the Petitioner, the MIDC issued a notice on 14.12.2022, granting 30 days time as an ultimatum. The Petitioner was unable to pay. 02.

The learned Advocate for the Petitioner submits on instructions that the Petitioner is willing to make a Representation to the MIDC and is also willing to pay interest or penalty or even the current market rate of the said plot, minus the amount which was paid earlier in 2022.

( 2 ) wp4012.24 03.

The learned Advocate for the MIDC submits that if such Representation is tendered, the same would be forwarded to the appropriate Authorities and they would take a decision on the same within 90 days from the date of receipt of the Representation.

04.

In view of the above, this Writ Petition is disposed off. After the Petitioner makes a representation as discussed above, the MIDC would consider the same within a period of 90 days on its own merits and in the light of the willingness of the Petitioner as may be expressed in the Representation.

[R.M. JOSHI,J.] [RAVINDRA V. GHUGE,J.] snk/2024/APR24/wp4012.24