M/S Kalumata Sand Supplies Throu. Its Prop. Gulab Murlidhar Pawar v. The State Of Maharashtra Throu. Its Revenue And Forest Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9746 OF 2024 M/s.Kalumata Sand Supplies .. Petitioner UTKARSH KAKASAHEB BHALERAO

Versus

The State of Maharashtra & Ors.

.. Respondents by UTKARSH KAKASAHEB BHALERAO Date: 2024.08.12 11:32:58 +0530 Mr.Suresh Sabrad i/b Pratik Sabrad, Advocates for the Petitioner.

Mr.Jay Sanklecha, B Panel Adovcate for Respondent/State.

CORAM

:B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : AUGUST 08, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- "(a) by an appropriate writ, order or direction, this Hon'ble Court be pleased to hold and declare the action on part of Respondent No.2 in awarding the contract to the Petitioner vide its order dated 21.08.2023, for a period of one year in contravention to the guidelines issued and prescribed by the Respondent No.1-State in its Government Resolution bearing Gaukhani-10/1222/Pra.Kra.82/Kh-1 dated 19.04.2023, as illegal, arbitrary and discriminatory; (b) by an appropriate writ, order or direction, this Hon'ble Court be pleased to direct the Respondent No.2 to follow the guidelines issued and prescribed by the Respondent No.1-

State in its Government Resolution bearing Gaukhani10/1222/Pra.Kra.82/Kh-1 dated 19.04.2023, and extend the tenure of contract awarded to the Petitioner vide its Order dated 21.08.2023, by a further period of two years;" 2.

Despite these reliefs, the learned counsel appearing on behalf of the Petitioner states that he has made a representation to the Additional Collector for extending the Petitioner's contract for excavation and transportation of sand by a period of 2 years. The Additional Collector has in fact forwarded a proposal to the State Government for considering the extension of the contract. The learned counsel appearing on behalf of the Petitioner therefore submitted that the State Government be directed to take a decision on the said proposal forwarded by the Additional Collector.

4.

The learned AGP, on instructions, stated that a decision on the proposal forwarded by the Additional Collector to the State Government shall be taken within a period of 8 weeks from today. 5.

Accepting the aforesaid statement, we dispose of the above Writ Petition by directing that the State Government shall take a decision on the proposal forwarded by the Additional Collector as expeditiously as possible and in any event before 3rd October 2024.

6.

The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs. 7.

Though we have disposed of the Writ Petition, we place it on board for reporting compliance on 7th October 2024. 8.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]