.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1967 OF 2007 Jagdish Narhari Pol. ..Petitioner. Versus State of Maharashtra and 2 Ors. ..Respondents. .. Mr.A.G.Patki, Adv. with Mr.V.R.Dubey, Adv. with Mr.R.D.Mishra, Adv. for the Petitioner. Mr.K.R.Belose with S.A.Ingawale, AGP for the State. .. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : JANUARY 29, 2008. DATED : JANUARY 29, 2008. DATED : JANUARY 29, 2008. P.C.:- P.C.:- P.C.:- 1. Heard. 2. The petitioner is an agent of the Government of Maharashtra who used to take milk from the Government dairy scheme and sell in the market. As per the agreement the milk is supplied to the petitioner on credit of one day i.e. if the milk is supplied today the price of the said milk has to be deposited by the petitioner on the next day before taking delivery on .{2}. the next day. If there is a default committed by the petitioner then in that circumstance the office of the Government were entitled to impose penalty. The penalty was also regulated by the Government circulars. By this agreement commission on supply of milk, deposits and penalty is the subject matter of the agreement and this agreement has been signed by the petitioner. The present petitioner has committed default of payment of Rs.25,712 and therefore after hearing the petitioner the penalty has been imposed as per the Government circular to the extent of Rs.94050/- and accordingly the order has been passed. What is important to be noted is that the said amount has been directed to be paid by twenty equal instalments of Rs.5,989/- by the concerned officer. The said order has been challenged by the petitioner before this Court. Pleading an ignorance of the Government circulars, when the correspondence shows that on the earlier occasions payment was made by the petitioner as per the circulars to the dairy development officers. What we find is that the amount of Rs.25712/- which was due and payable to the Government has been utilised by the petitioner and therefore the petitioner is bound to pay the penalty .{3}. for the use of the said amount as per the Government circulars. But what we find is that the non-payment of the milk is not disputed and only his grievance is in respect of penalty. However penalty has been imposed on the basis of Government circulars. Those Government circulars are not challenged in this petition. Assuming for a moment that such challenge is raised we have perused such Government circular and on slabwise basis the Government has provided the amount towards the penalty on day to day basis. We find that the Government circular is also rational one having rational to the object to be achieved and therefore not in any way against the provisions of law. We find that there is no merit in the Petition. Petition is rejected. [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.] [SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]