1711wp4918.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4918 of 2009 (Mohammad Asif Shaikh .vs. State of Mah. + 1) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 17/11/2009. Heard Mr. M. H. Rizwy, Adv. for petitioner and Mr.N.W.Sambre, Government Pleader for respondent nos. 1 and 2. In the instant petition, the grievance of petitioner is in respect of the procedure adopted by the respondent in disposal of sand ghats of Nagpur district for the year 2009-10 by auction vide tender notice dt. 1.11.2009. It is contended that the State Government issued a Circular dt. 4.8.2009, wherein a procedure is stipulated which is required to be followed before putting the sand ghats to auction. Similarly, a procedure is also stipulated to be undertaken by the Gram Sabha before giving its no objection in respect of the sand ghats which is required to put to auction. It is the case of petitioner that the procedure stipulated in the said Circular has been given go-bye by the respondent while publishing 1711wp4918.09.odt 2 . the tender and therefore, the petitioner has approached this Court for necessary directions to be given to the respondent. The Government Pleader has submitted that the Circular dt. 4.8.2009 is prospective in operation and is not applicable to the proposals/No-objections already forwarded by the Gram Sabha in respect of 62 sand ghats and received by the respondent which are put to auction by the impugned tender notice. It is contended that these proposals/No-objections were received from the Gram Sabha in the months of May, June and July, 2009 and the sand ghats were put to auction earlier vide tender notice dt. 1st August, 2009; however, the process was stayed by the State Government and therefore, second tender notice was issued on 1.11.2009. The Government Pleader has submitted that the incharge Additional Collector, Nagpur has filed an affidavit dt. 16.11.2009 which is taken on record, wherein it is stated that the next auction of sand ghats will be conducted as per the instructions stipulated in the Circular dt. 4.8.2009 unless, in the meanwhile, any other procedure is evolved by the State Government in this regard. Similarly, the No-Objections which are received from the 62 Gram Sabhas, which are put to auction are concerned, they are for the period of six months. However, in the affidavit, it is clearly mentioned that the respondent shall take care not to discontinue the process midway 1711wp4918.09.odt 3 . even if the Gram Panchayat objects. We must express that, even on many earlier occasions, the petitions were filed before this Court raising various grievances about the method and procedure adopted by the State Government while auctioning the sand ghats and this Court, from time to time, had to intervene and issue directions on one or the other count to the State Government. Similarly, the common grievance of the Contractors is that the process of putting sand ghats to auction is never completed by the State Government on time and it is invariably delayed by couple of months every year without any justification, which creates artificial rise in the price of sand in the market and the common man has to pay double the cost of sand. The case in hand is a glaring example where the delay caused in putting the sand ghats to auction is without any legitimate cause or justification. We want that the Principal Secretary (Revenue and Forest Department) must ensure that the procedure required to be undertaken by the Department before auctioning sand ghats must be just, fair and transparent and the said procedure should not be changed frequently. The sand ghats must be put to auction on the due dates every year unless there are adequate and substantial reasons to postpone such auctions. All the necessary formalities and 1711wp4918.09.odt 4 . procedure must be completed well within the due date of auction. We direct the Principal Secretary (Revenue and Forest Department) to file a comprehensive affidavit within a period of six weeks by giving details about the procedure which it shall adopt from the year 2010 onwards while auctioning the sand ghats. Once such procedure is evolved, we expect the State Government not to deviate from such procedure without any adequate and sufficient reasons. We hope and trust that the Principal Secretary (Revenue and Forest Department) shall ensure proper implementation of our directions as well as implementation of the procedure which shall be evolved by the department while conducting auction of sand ghats. Interim order dt. 16th November, 2009 is hereby vacated. With these observations and directions, the petition is disposed of. Copy of this order duly authenticated be supplied to the Government Pleader. JUDGE JUDGE jais