Shree Siddnath Milk Producers Society Ltd. Kadlas, Sangola , Solapur And ANR v. The Tahsildar , Tehsil Sangola, Dist. Solapur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.24241 OF 2019 WITH INTERIM APPLICATION NO.20318 OF 2022 Shree Siddnath Milk Producers Society Ltd., Kadlas, Sangola , Solapur And Anr.

...Petitioners/Applicants

Versus

The Tahsildar, Tehsil Sangola, Dist. Solapur

...Respondent

--------- Mr.P.A. Pol i/b.Pol Legal Juris, for Petitioners/Applicants . Mr.Rajan S. Pawar, AGP for State-Respondent.

--------- CORAM :

R.D.DHANUKA & M.M.SATHAYE, JJ.

DATED : 14th DECEMBER, 2022 P.C. :

1.

By this interim application, the Applicants prayed for recall of the Order dated 29.04.2022 and to permit the Applicant No.1-Society to amend the writ petition and place on record Government Resolution dated 15.01.2013 and Circulation dated 29.11.2012 issued by the Collector as well as the chart showing the amount deducted by the Respondent from the total amount payable to the Applicant No.1-Society.

2.

Mr.Pol, learned counsel for the Applicants/Petitioners, on instructions, states that without prejudice to rights and contentions of the Applicants, the Applicants are agreeable to deposit a sum of Rs.6 lakhs in this Court within two weeks from today. Statement is accepted. Husen

2-wp-st-24241-19.doc 3.

If the amount of Rs.6 lakhs is deposited by the Applicants in this Court, the said amount shall be accepted. The amount shall be invested for the time being for the period of six months in fixed deposit in the National Bank. If the amount is deposited by the Applicants, the Respondent shall not take further steps against the Applicants pursuant to the impugned order. If the amount is not deposited within the time prescribed, the Respondent would be at liberty to proceed with the impugned order which is the subject matter of the writ petition. 4.

Since the writ petition is not admitted, we grant leave to Applicants to amend the petition within two weeks from today. The copy supplied to the Respondent also shall be amended. It is made clear that Respondent is at liberty to file a reply to amended copy of the petition within one week from the date of amendment in the copy supplied to the Respondent. Rejoinder, if any, shall be filed within one week from the date of service of an affidavit-in-reply with a copy to be served upon the Respondent's advocate simultaneously.

5.

Place this matter for 'Admission' on 30th January, 2023. 6.

Interim application is disposed off in the aforesaid terms. (M.M. SATHAYE, J.) (R.D.DHANUKA, J.) Husen