JUDGMENT :

SANDEEP V. MARNE, J.

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 quantity 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.

4. The facts of the case, as captured from pleadings filed before us, stated are as under :

Petitioner claims to be a Civil Contractor who had participated in e-tender process initiated by respondent No.3 and was awarded the work order dated 18.01.2014 for extraction of sand from the bed of river Tapi at Spot Nos. 3 and 4 of Gut No. 28, village Jallod, Taluka Amalner. By work order, the Petitioner was permitted to extract 12862 brass sand by 30.09.2014. It is the case of the petitioner that by 30.09.2014, when the tenure of the work order ended, he was able to extract only 4291 brass sand. The Petit