Bombay High CourtWP/4250/2016dispossed offdismiss for default

M/S K.B. Enterprises Through Proprietor Imran Nisar Sayyed v. State Of Maha. In The Ministyry Of Revenue And Forest, Thr. Secretary, Mumbai And Another

2016-08-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 wp4250.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4250 OF 2016 [M/s. K.B. Enterprises .vs. State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Lakshmi Kukday, counsel for the petitioner, Ms. N.P. Mehta, A.G.P. for the respondents.

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CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : AUGUST 05, 2016.

Ms. Lakshmi Kukday, the learned counsel for the petitioner, states that in terms of the policy of the State Government for seeking refund of the amount towards the unexcavated sand without any fault on the part of the petitioner, the petitioner has made a representation to the Collector on 2.11.2015. It is stated that the said representation is not decided, till date. It is stated that it would be necessary for the Collector to consider the application of the petitioner and refer it to the State Government for taking appropriate decision. It is stated that no action whatsoever is taken by the authorities on the application, dated 2.11.2015.

Since the prayer made on behalf of the petitioner is innocuous and since the application is made in terms of the policy in the Government Resolution, dated 12.3.2013, we dispose of the writ petition with a direction to the respondents to decide the application of the petitioner as early as possible and positively within four months.

Order accordingly. No costs.

JUDGE JUDGE Gulande, PA

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