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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. Chandurkar, M.M. Sathaye, JJ
Ankush Kashinath Mhaske – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.M. Sathaye, J.
1. Rule. Rule made returnable forthwith. Learned Assistant Government Pleader for the Respondent Nos. 1 to 5/State waives service. Heard finally by consent.
2. By this petition under Article 226 and 227 of the Constitution of India, the Petitioner is challenging the order dated 04.04.2022 issued by the Respondent No.3, by which the request of the Petitioner for refund of amount of un-excavated sand, is rejected.
3. The case of the Petitioner in short is as under:
3.1 In November 2015, the Petitioner was declared as successful bidder for sand excavation in 5 villages on banks of river Kukadi. On 04.01.2016, the Petitioner addressed a letter to Respondent No.4 stating that there are newspaper reports about opposition of villagers for sand excavation and since the Petitioner had not taken possession of the sand-ghats, a request was made to check the situation. The Respondent-Collector, in turn addressed a letter to Respondent No.5 (Tahsildar, Junnar) for inquiry and report. On 07.01.2016, the sand- ghats were allotted to the Petitioner after deposit of offset price and agreement was executed and the Petitioner was directed to take possession of the sand-ghats th
Opposition from villagers can justify a refund for un-excavated sand under the applicable sand excavation policy, despite the allottee's acceptance of contract terms.
Compliance with government regulations and the use of permissible methods for sand excavation are essential, and refusal to do so may result in the dismissal of claims for refunds.
The main legal point established is the requirement for administrative actions to adhere to principles of natural justice and fairness, ensuring that decisions are made after considering all relevant....
The main legal point established in the judgment is that the impugned orders granting extension of time for lifting sand were illegal, without authority of law, and without jurisdiction, and thus des....
The government's decision must conform to the principles of reasonableness and be free from arbitrariness, bias, and mala-fides. The order of forfeiture of security deposit cannot be passed in violat....
The Mining Officer must independently assess refund claims regarding Sairat dues under amended rules, with proper reasoning required for decisions, ensuring jurisdictional compliance.
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