High CourtsDivision Bench(2022) 09 BOM CK 0110

Amit Bhagwan Gedam And Others vs State Of Maharashtra And Others

Bombay High Court · Decided on 23 September 2022

HON’BLE JUDGES
Sunil B. Shukre, J · G. A. Sanap, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No.53, 54, 55, 56, 57, 58, 59, 60, 61 Of 2022

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Judgment

6 paragraphs · 283 words

Sunil B. Shukre, J

1] Heard. RULE. Rule made returnable forthwith. Heard finally by consent.

2] In each of these petitions issue involved is same and common and therefore, these petitions are being disposed by this common judgment. The issues involved primarily relate to the right of the petitioners to seek extension of period of lease during which different sand ghats were allotted to each of these petitioners for their excavation and if the extension of the lease period could not be granted, whether the petitioners would be entitled to be refunded their security deposits or not.

3] We find that now new sand ghat allotment policy has come into force with effect from 20.01.2022 and therefore, whatever has to be done now would have to be in accordance with the new sand ghat allotment policy. The lease agreements of the petitioners were executed prior to coming into force of a new sand ghat allotment policy and now obviously they are no longer workable. Considering these facts, the State Government in its reply filed in each of the petitions has conceded that it is willing to refund the security deposits of each of the petitioners. If that is so, we are of the view that these petitions can be disposed by issuing appropriate directions.

4] We direct the State Government to refund the security deposits of each of the petitioners within a period of eight weeks from the date of the order. We further direct that the lease agreements executed by each of the petitioners shall be treated as cancelled with effect from 20.01.2022. All these writ petitions stand disposed of, accordingly.

5] Rule is made absolute in the above terms. No costs.