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Bombay High CourtCA/4655/2025disposed off

Sahebrao Patil Shikshan Prasarak Mandal Thr Secretary v. The State Of Maharashtra Through The Secretary And Others

2025-04-25Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:12545-DB 6-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4655 OF 2025 IN WRIT PETITION NO.1369 OF 2006 Sahebrao Patil Shikshan Prasarak Mandal vs.

The State of Maharashtra and ors.

---- Mr.S.S.Tope, Advocate for applicant Mr.P.S.Patil, AGP for respondent no.1 Mr.Sachin Deshmukh, Advocate for respondent nos.2 and 3 ----

CORAM

: R.G.AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATE : APRIL 28, 2025 ORDER :- Not on board. Upon mentioning, taken on board. 2.

This Court, vide order dated 26.03.2025, disposed of the the Writ Petition with a direction to the respondent - CIDCO to decide the applicant/petitioner's representation and pass a reasoned order. Said order appears to have been complied with. The respondent - CIDCO has recalled its order of cancellation of lease with a rider that the applicant/petitioner shall deposit a sum of Rs.24 Lakhs as penalty. Learned counsel for the applicant/petitioner states that the applicant/petitioner is ready to deposit that much amount; but seeks

6some time. Learned counsel for the CIDCO strongly objects the same.

3.

Admittedly, a sum of Rs.5,93,846/- has been deposited with this court towards lease penalty payable to the CIDCO, way back in 2010. Office of this Court has already been directed to remit that much amount to CIDCO immediately. Said amount shall be given set off towards the penalty of Rs.24 Lakhs, directed to be paid by the applicants/petitioners. The balance amount shall be paid by the applicants/petitioners to CIDCO within five weeks. 4.

The application stands disposed of.

[SANDIPKUMAR C. MORE, J.] [R.G. AVACHAT, J.] KBP