SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(Bom) 1119

SWATANTER KUMAR, RANJANA DESAI
Subhash R. Acharya – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr Ravi Nakhwa, instructed by Mr. Vasant B Dhawan for the petitioner.
Mrs. Geeta Shastri, Assistant Government Pleader, for respondent
Nos.1 and 3 to 5
Mr S.U Kamdar, instructed by Mr. Bipin Joshi for respondent No.2
Mr.Nitin Pradhan, instructed by Ms. Hemani Jhariya, for respondent
No.6

JUDGMENT (Per Swatanter Kumar, C.J.):

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard learned counsel for the parties.

2. By this petition under Article 226 of the Constitution of India the petitioner prays for quashing of the order dated 21st August 2004 passed by the Section Officer, Government of Maharashtra, whereby the contract for recovery of entrance fee from vehicle drivers, who enter from three check nakas of Goregaon, Powai and Marol respectively in Aarey Milk Colony has been extended for a period of 3 years with effect from 17th February 2005 by increasing the contract amount by 5%. The petitioner contends that the said order is arbitrary, discriminatory, is in colourable exercise of power, denying fair competition and the same is also entirely to the disadvantage of the State, besides causing huge loss to the public exchequer. It is averred that respondent No. 6, Minister for Dairy Development Agriculture and Animal Husbandary, acted contrary to the known canons of administration. As a result of certain controversies raised and diverse stand taken by respondent No.6 and the State Government, the question in regard to th












































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top