1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4828 OF 2009 Sardar Amriksingh Sardar Jernelsingh Bal, One of the partner of Partnership Firm namely M/s HPR Transport Company Dattanagar, Near Overbridge, Hingoli Road, Taluka and District Nanded Sardar ..PETITIONER VERSUS 1. The State of Maharashtra, Through Principal Secretary Food and Civil Supplies and Consumer Protection Department, Mantralaya, Mumbai 2. The Collector, Nanded 3. The Additional Collector, Nanded ..RESPONDENTS Mr K.M. Nagarkar, Advocate for the petitioner; Mr V.H. Dighe, A.G.P. for respondents. CORAM: P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 28th JULY, 2009 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner by this petition under Article 226 of the Constitution of India prays for directing respondent no.1 to decide the appeal/representation dated 26.12.2008, which is said to be pending consideration before respondent no.1. We may incidentally state that the said appeal/representation had been filed by the petitioner challenging the order of the respondents forfeiting the earnest money deposit of Rs.10 Lakhs deposited by the petitioner along with his tender. We, therefore, do not consider it necessary to dilate on the factual aspect of the case as the said appeal/representation is pending. However, the interest of justice would be subserved, according to us, by directing respondent no.1 to decide the appeal/representation dated 26.12.2008, if pending, in accordance with law, within a period of four months and to communicate the decision thereon to the petitioner. 3. Rule is thus made absolute on the above terms with no order as to costs. 4. Learned A.G.P. undertakes to communicate this order to respondent no.1. 3 5. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned A.G.P. to act upon. [ A.V. POTDAR, J ] [ P.V. HARDAS, J ] amj/wp4828.09 4