Shankar Sahakari Sakhar Karkhana Ltd v. The State Of Maharashtra Thr Principle Secretary Of Water Resource And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1167 OF 2024 Shankar Sahakari Sakhar Karkhana Ltd.

.. Petitioner Vs.

The State of Maharashtra, Through Water Resource Department and Ors.

.. Respondents Mr. Abhijit Kulkarni, with Mr. Chinmay Patil, for the Petitioner. Mr. N.C. Walimbe, Addl. G.P., with Mr. R.P. Kadam, AGP for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 31ST JANUARY, 2024.

P.C. :

1.

It is submitted by the learned counsel for the petitioner that without complying with the requirements prescribed for modifying the water tariffs and ignoring the agreement entered into between the petitioner and the Irrigation Department of the State Government, the water tariff has been enhanced. By virtue of the agreement dated 4th March 2021, the petitioner contends that the water tariff indicated therein is required to be acted upon till 3rd March 2027; however, the water tariff has been unilaterally revised by the respondent no.2.

2.

Issue notice to the respondents, returnable on 28th February 2024. The learned AGP waives notice for the respondent-State of Maharashtra. 3.

In the meanwhile, without prejudice to the rights of the parties, the petitioner shall continue to pay water tariff in accordance with the agreement dated 4th March 2021. No coercive steps shall be taken to recover the amount pursuant to the revised tariff till the next date. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.02.01 10:11:05 +0530 4-WP-1167-2024.doc Dixit SNEHA ABHAY DIXIT