Bharat Agri Fert And Realty Ltd v. State Of Maharashtra Thr Government Pleader And ORS

19-ASWP-4836-2024.DOCX Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4836 OF 2024 Bharat Agri Fert & Realty

...Petitioner

Versus

State of Maharashtra thr Government Pleader & Ors

...Respondents

______________________________________________________ Mr Amogh Singh, with Roshan Sawant, i/b, Kaustubh Patil, for the Petitioner.

Ms SD Vyas, Addl GP, with PN Diwan, AGP & Dhruti Kapadia, AGP, for the Respondent-State.

Mr Shreyas Deshpande, for the Respondent No 5. ______________________________________________________

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

28 November 2024 PC:- AMOL PREMNATH JADHAV 1.

Heard learned Counsel for the parties.

2.

The Petitioner challenges order/communication dated AMOL PREMNATH JADHAV Date: 2024.11.29 19:21:39 +0530 18 March 2024 by which the Petitioner was directed to pay additional license fees of Rs 28,17,045/-. Out of this, the principal amount is Rs 19,125/- and the interest is Rs 9,97,920/- 3.

Mr Amogh Singh, learned Counsel for the Petitioner states that Petitioner, without prejudice, has already paid an amount of Rs 18,19,125/- to the concerned Respondent, based upon this Court's order dated 20 March 2024. 4.

Ms Vyas, learned Additional Government Pleader, states that the Petitioner has already appealed against

19-ASWP-4836-2024.DOCX order/communication dated 18 March 2024 to the Collector of Palghar, who is the appropriate appellate authority. She states that the collector will dispose of this appeal in accordance with law expeditiously.

5.

Mr Singh states that the Petitioner be granted leave to add certain grounds and produce certain documents along with the appeal memo/appeal letter. He says that this would be done within 10 days from today. Accordingly, leave is granted.

6.

The Collector of Palghar to dispose of the Petitioner's appeal within three months of the Petitioner filing the necessary amendments, additional grounds and additional documents. Such disposal should be in accordance with law and on its own merits. The appellate authority should hear the Petitioner and pass a reasoned order which should be communicated to the Petitioner.

7.

Until, the Collector disposes of the Petitioner's appeal, no further demand should be raised for the interest component which is not deposited by the Petitioner. The Petitioner has deposited the principal amount without prejudice and therefore, such deposit, will abide by the Collector's orders in the appeal.

8.

This Petition is disposed of without any cost of order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J) (M.S. Sonak, J)