Indira Hamal Kamgar Sahakari Sanstha Khultabad Through Sayyed Ejaz Sayyad Yusuf And Others v. The State Of Maharashtra Through Principal Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7542 OF 2022 Indira Hamal Kamgar Sahakari Sanstha and Ors.

..Petitioners

Versus

The State of Maharashtra and Ors.

..Respondents ...

Mr. R. L. Kute, Advocate for the Petitioners. Mr. S. K. Tambe, AGP for Respondents-State.

...

CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATED : 21st JULY, 2022.

PER COURT:- 1.

The petitioners-Societies have put forth prayer Clauses (B) and (C) as under:- "B.

Issue writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus directing the respondent nos.1 to 3 to decide the respresentations dated 09.05.2022 and 16.06.2022 below Exh G and H for payment of admitted difference/due amount of increase in fair price index (Mahagai Nirdeshank) for the work done from years March 2014 to March 2018 to petitioner societies as given in para 9 of writ petition (Table A to H) above and as payable by condition No.4 of Government Resolution dated 29.04.2008 and Clause A of policy issued by GR dated 12.09.2014

(2) and Clause 23 and 24 of agreements immediately.

C.

Pending hearing and final disposal of this Writ Petition direct the respondent nos.1 to 3 to immediately process the proposal of the present petitioners for grant of Fair Price Index (Mahagai Nirdeshank) to petitioner societies as per GR dated 12.09.2014 and GR dated 29.04.2008 and for that purpose issue necessary order."

2.

Below paragraph no.9 in the memo of the petition, the petitioners have stated various amounts that have been calculated on the basis of increase in Index (WPI). By the prayers put forth in this petition, the petitioners are seeking the determination of the Fair Price Index, so as to calculate their unpaid amounts which are dues towards the services rendered to the department. 3.

In view of the above, this petition is disposed off. The District Collector, who has been served with a legal notice dated 09.05.2022, would consider the said notice and offer a response to the petitioner, on or before 30.08.2022. Thereafter, the petitioners may raise their bills

(3) and the admitted amounts can be paid by the concerned authorities. In the event of there being any disputed amount, the petitioners would be at liberty to approach the Civil Court for the institution of recovery proceedings.

(ANIL L. PANSARE) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/July-2022