KIRAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) Rule made returnable forthwith. With consent of the learned Advocates for the respective parties, heard finally at the state of admission.

(3.) The short issue involved in the present petition is about entitlement of proportionate refund of amount paid for the extraction of sand if the contractor is unable to extract the permissible quantality of sand within the stipulated period. Also involved is the issue whether flooding of river due to release of water from reservoir can be considered as a 'natural calamity' for the purposes of grant of such refund.