SHIVRATNA SUPPLIERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.

(2.) Present Writ Petition challenges the communication dtd. 28/3/2019 issued by Desk Officer and to direct the respondent authorities to issue communication in consonance with the order passed by the Hon'ble Minister in proceedings Gau. Kha. No./33/0216/ Pra. Kra. 66/ Kh., and consequently refund amount of Rs.1,54,01,117.05 including the amount which is already withdrawn by the petitioner by issuing appropriate writ. Directions are also sought against the Collector, Ahmednagar to pay the remaining amount to the petitioner in consonance with the order passed by the Hon'ble Minister.

(3.) The facts which are undisputed are, that there was auction of the sand through E-tenders by the Additional Collector, Ahmednagar from 10/2/2015 till 18/2/2015. The tender was to be opened on 21/2/2015. The petitioner submitted E-tender for sand depot. The petitioner was the highest bidder and therefore, as per the norms he had deposited 1/4th amount of the tender on 23/2/2015 with the Government. Remaining 3/4th amount of the tender was thereafter deposited on 5/3/2015 through a challan. The entire auction amount of Rs.1,61,76,400.00 was deposited and then the agreement was entered into on 20/3/2015. The Additional Collector has sanctioned the sand depot No.2 of village Sangvi from Taluka-Shrigonda, District-Ahmednagar to the extent of 7428 brass. The possession of the sand depot No.2 was given to the petitioner under panchnama on 28/3/2015 and accordingly possession receipt to that effect was issued. The petitioner had then filed an application to the Additional Collector for permitting him to use the suction pump, on 30/3/2015. Local leaders as well as villagers from Sangvi had agitated against the lifting of the sand on 6/7/2015. The petitioner has then sought protection to him by giving a letter to Tahsildar on 9/7/2015. The petitioner had even approached Police Sub Inspector for the help. Once again communication was issued by the petitioner to Tahsildar on 5/8/2015. Report was prepared by Tahsildar by drawing panchnama on 9/9/2015 and submitted to the Circle Inspector. It is further admitted position that the Tahsildar has communicated to the Additional Collector on 16/10/2015 stating that the petitioner had lifted 362 brass of sand.