MOV CONTROLS & INSTRUMENTS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

(2.) The petitioner by the instant petition has challenged the communication dtd. 6/1/2020 issued by the respondent No.1 to the extent that the respondent No.1 has refused to return 1/4 amount deposited by the petitioner for Shivani-2 Sand Ghat. Further directions are sought to return the petitioner the amount of Rs.18,54,750.00 towards District Mineral Fund and Rs.37,095.00 towards Stamp Duty within stipulated time with interest.

(3.) In view of the policy framed by the State Government, the respondent no.2 published an advertisement in daily Lokmat newspaper on 3/3/2019 for auction of various sand ghats located in Gadchiroli for the year 2018-19. In the auction held on 19/3/2019, by respondent No.2 the Shivani-2 Sand Ghat came to be allotted to the petitioner firm. Against the upset price of Rs.73,37,500.00, the petitioner has given his bid of Rs.1,85,47,500.00. The bid of the petitioner was accepted vide acceptance letter dtd. 20/3/2019 and the petitioner was directed to deposit the balance amount within a period of 15 days and execute the agreement. On 19/3/2019, the petitioner has deposited the amount of Rs.18,34,375.00. After receipt of acceptance letter dtd. 20/3/2019, the petitioner on 25/3/2019 has deposited an amount of Rs.28,02,500.00 to make the said amount to 25% of the bid amount of the petitioner. However, due to financial problems, the petitioner could not deposit the balance amount within 15 days. The petitioner received show cause notice dtd. 5/4/2019 from the respondent No.2 asking the petitioner to show cause as to why his Earnest Money Deposit should not be forfeited as the petitioner failed to deposit the balance amount within 15 days. The petitioner was directed to submit his explanation within 48 hours. On 3/4/2019 the petitioner wrote the respondent No.2 and sought period of 15 days for depositing balance amount for the reasons stated in the said communication. The petitioner on 5/4/2019 again wrote the respondent No.2 and repeated the same request and thereafter, on 25/4/2019 deposited balance 3/4 amount of Rs.1,39,10,625.00 after getting oral approval for the same from the respondent No.2. In this manner, the petitioner deposited total bid amount of Rs.1,85,47,500.00.