BALAJI SAND SUPPLIERS Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-9-235
HIGH COURT OF BOMBAY
Decided on September 21,2021

Balaji Sand Suppliers Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

RAVINDRA V.GHUGE, J. - (1.)Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
(2.)By this Petition, the petitioner has put-forth prayer clause B, as under :
"B) To issue directions to the respondents to return the amount of Rs.40,95,195/- and 6,19,668/- deposited with the Tahsildar to the petitioner within one week with the interest at the rate of 18% p.a. from the date of deposit for the Sand Spot of Village Wangi, Tq. Shrirampur, Dist. Ahmednagar or extend the period of contract, by issuing writ of mandamus or any other writ of like nature."

(3.)The contention of the petitioner is that he has a sand supplying agency. He transfers and sells sand. The Government Notification inviting the tenders for excavation of sand in Ahmednagr District was published for the financial year 2016-17. The petitioner participated in the auction sale for the sand spot at village Wangi Khurd for excavating 1031 brass of sand, held on 22.02.2017. The petitioner was the highest bidder. He deposited 1/4th of the amount on 27.02.2017. He tried to deposit the remainder (3/4th) amount which was refused by the respondents on 02.03.2017. The petitioner, therefore, filed Writ Petition No. 3081 of 2017 for challenging the said action and the same was allowed by order dated 30.03.2017.


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