ANKUSH KASHINATH MHASKE vs THE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY REVENUE AND FOREST DEPT AND ORS

Judgment text excerpt

1 WP 10222-22 C3.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10222 OF 2022 Ankush Kashinath Mhaske Age : 44 years, Occ: Agril and Business R/o. Chombhut, Tal. Parner, District- Ahmednagar ...Petitioner Versus 1. The State of Maharashtra Through the Principal Secretary SNEHA NITIN Revenue and Forest Department, CHAVAN Mantralaya, Mumbai. Digitally signed by SNEHA NITIN CHAVAN Date: 2025.04.30 2. The Hon’ble Minister, 19:35:30 +0530 Revenue and Forest Department, Mantralaya, Mumbai. 3. The Deputy Secretary, Revenue and Forest Department, Mantralaya, Mumbai. 4. The Collector, Pune, Taluka and District Pune. 5. The Tahsildar, Junnar, Taluka Junnar, District Pune ...Respondents **** Mr. Parag Tilak, Advocate for the Petitioner. Mr. P.G. Sawant , Assistant Government Pleader for the Respondent Nos. 1 to 5/State. **** CORAM : A.S.CHANDURKAR AND M.M. SATHAYE, JJ. DATE : 30th APRIL 2025 Sneha Chavan 1/10 2 WP 10222-22 C3.doc JUDGMENT (Per 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 n