Indian Hoarding Agency Through Proprietor And ORS. v. State Of Maharashtra Through Revenue And Forest Department And ORS.

501-ASWP-2166-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2166 OF 2024 Indian Hoarding Agency & Anr

...Petitioners

Versus

State of Maharashtra & Ors

...Respondents

Mr Purushottam G Chavan, for the Petitioners. Mr AA Alaspurkar, AGP, for the Respondent-State. Mr Abhijit P Kulkarni, with Krushna Jaybhay & Gourav Shahane, for the Respondent-PMC.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

15th February 2024 PC:- Digitally signed by ASHWINI H GAJAKOSH Date:

2024.02.16 14:05:46 +0530 ASHWINI GAJAKOSH 1.

The Petition can be disposed of by directing the Petitioners to pay license fees for the land on which there are advertisements hoardings to the government for the period 2022-2025 on a without prejudice basis, and subject to the Petitioners making an application for adjustments/refund, which may be considered on merits by State as expeditiously as possible. To make the payment online, we will require the generation of a challan or a set of challans. This may in itself create difficulties for the officers in question. 15th February 2024

501-ASWP-2166-2024.DOC 2.

We therefore direct that the amount payable to the State Government should be deposited in Court within a period of 10 days from today. Thereafter the government is at liberty to make an application on praecipe for withdrawal of the amount. 3.

Upon the Petitioner giving an undertaking to make that deposit and to accept that deposit in Court, there will be an ad interim order in terms of prayer clause (d) which read thus: "(d) During the pendency and final disposal of the present Writ Petition, this Hon'ble Court be pleased to stay, operation, implementation and effect of Letter Outward No.9161 dated 06.02.2024 and ex-parte Letter dated 30.01.2024 vide No.PML/Kavi/28/2024 by Respondent No.3."

4.

If the deposit is not made by 26th February 2024 this ad interim protection will stand vacated.

5.

List the matter on 1st March 2024.

(Kamal Khata, J) (G. S. Patel, J) 15th February 2024