1 GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO.6802 OF 2004 PETITION NO.6802 OF 2004 PETITION NO.6802 OF 2004 ------------------------------------------------------------ Office Notes, Office ) Memoranda of Coram, ) appearances, Court’s ) Court’s or Judge’s orders orders or directions ) and Registrar’s orders.) ------------------------------------------------------------ Mr. A.V. Anturkar for Petitioner. Mrs. S.S. Bhende, A.G.P. for State. CORAM : F.I. REBELLO & S.P. KUKDAY,JJ. DATED : FEBRUARY 10, 2005 P.C. . Rule. Heard forthwith. . The issue which has arisen in this petition was also in issue which arose before this court in Writ Petition No. 4280 of 2003 which was a challenge to Clause 2 of the Government communication dated 13.3.2002. In the judgment dated 8.3.2003 challenge was upheld and Para 2 of the Government communication dated 13.3.2002 was held to be bad in law and 2 quashed and set aside. Considering the issue is already covered by the earlier judgment of this court, rule will have to be made absolute in terms of Paragraph 7 of the judgement dated 8.3.2003 in Writ Petition No. 4280 of 2003 with following clarification. . The amounts will be calculated in terms of the amounts as claimed in the present Petition. The Tahsildar after calculating the said amounts to refund the excess if any within reasonable time which will not be later than six months. Rule made absolute accordingly. No order as to costs. (F.I. REBELLO,J.) (S.P. KUKDAY,J.)