1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4244 OF 2004 Konark Infrastructure Pvt. Ltd. ....... ..... Petitioner. Versus The District Collector, Thane & Ors. ...... ..... Respondents. Mr. D. D. Madan, Sr. Counsel with Ms. Gauri Godse for the Petitioner. Ms. Jyoti Pawar, Addl. Government Pleader for the Respondents. CORAM : BILAL NAZKI and J. P. DEVADHAR, JJ. DATED : 17TH OCTOBER, 2008. P.C.: This petition has been filed challenging the cancellation of the contract awarded to the petitioner for lifting of sand for a period of one year. The cancellation was sought to be defended on the ground of challenge to the Policy by the Government. 2. During the course of hearing of the case, the learned Senior Counsel appearing for the petitioner submitted that although the respondents tried to defend their action on the ground that the policy of auction has been changed but recently certain advertisements were issued seeking auction of 2 sand. Learned Additional Government Pleader submitted that such an advertisement was issued as a result of some mistake and the same has already been stayed and at present the policy of the Government is that the sand shall not be auctioned throughout the State of Maharashtra but the people shall be allowed to lift the sand by duby system without using any machine. 3. Since the contract was awarded to the petitioner in the year 2004 for a period of one year and that year has already passed, the learned Senior Counsel appearing for the petitioner requests that the petitioner be allowed to withdraw the petition with liberty to file suit for specific performance, damages or any other relief. 4. Since we are of the view that the contract period is already over and if any claim survives that claim will have to be judged by an appropriate civil court and not by this Court in its jurisdiction under Article 226 of the Constitution of India. Therefore, we allow the writ petition to be withdrawn with liberty to the petitioner to file a suit. If any such suit is filed the trial court will give the benefit of section 14 of the Limitation Act as the time spent in this Court by the petitioner was under a bonafide belief that he can get a relief from this Court. The suit, if any, may be filed within one month from today. 3 5. In view of the above, this writ petition is disposed of as withdrawn with liberty as aforesaid. Sd/- (BILAL NAZKI, J.) Sd/- (J. P. DEVADHAR, J.)