1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4491 OF 2010 Bharat s/o Vinayak Chavan and ors. ..Petitioners Versus The State of Maharashtra and ors. ..Respondents Mr.A.D.Shinde, Advocate for petitioners Mr.S.K.Tambe, A.G.P. for respondents 1 to 3 Mr.P.D.Bachate, Advocate for respondents 4 to 6 CORAM : P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 30th July 2010 PER COURT : 1. Since the period of contract awarded to the respondents 4, 5 and 6, for excavation of the sand from the three spots is coming to an end, Mr.Shinde, learned Counsel for the petitioners states that the petitioners do not wish to prosecute this petition further and seeks to withdraw the same. During the pendency of this petition, statement came to be made on behalf of respondents 4 to 6 that they would not go ahead with the contract and would not excavate the sand. As per that statement, therefore, though the respondents had deposited a huge amount, no sand could be excavated by them. 2. In that light of the matter, therefore, while dismissing the petition as withdrawn, we direct the respondent No.2 Collector to refund the amount deposited by the respondents towards the bids submitted in respect of the 2 three spots. The amount be refunded to respondents 4, 5 and 6 within three months from today; failing which the said amount shall carry interest at the rate of 8% per annum from the expiry of said period till the amount is actually received by them. 3. The statement made by respondents 4, 5 and 6 to continue till 31.7.2010. 4. Petition is accordingly dismissed as withdrawn with the aforesaid directions with no order as to costs. ( N.D.DESHPANDE, J.) ( P.V.HARDAS, J.) (vvr/4491.10wp)