1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2153 of 2009 (The Jal Shetriya Shramik Matsya Sahakari Sanstha Maryadit ..vs.. State of Maharashtra and others ) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri A.M. Ghare, Counsel for the petitioner, Smt. B.H. Dangre, Addl. G.P. for respondent Nos. 1 and 2, Shri Anand Parchure, Counsel for respondent No.3. CORAM:- D.B. BHOSALE AND P. B. VARALE, JJ. DATED :- 16 th JUNE, 2010 1. Heard learned Counsel for the parties for sometime. 2. In this petition, the petitioner-society has taken exception to the order dated 02-03-2009 passed by the Hon'ble Minister, Fisheries, Animal Husbandry and Dairy Department, State of Maharashtra. By this order the Hon'ble Minister has entertained the appeal filed by respondent No.3 under Section 152 of the Maharashtra Co-operative Societies Act, 1960. By that appeal, they sought to challenge the lease amount fixed on the basis of their bid dated 17-07-2007. 3. The Hon'ble Minister allowed the appeal filed by respondent No.3 and reduced the lease amount from Rs.6,20,000/- to Rs.3,300/- for a period of five years. It appears that the bids were 2 invited for the right of fishing in respect of Telangkhedi Tank for the period of five years commencing from 23-08-2007 to 30-06-2012. 4. We have heard learned Counsel for the parties for sometime and perused the entire record placed before us. Learned Counsel for the parties fairly submit that we need not record reasons for setting aside the order passed by the Hon'ble Minister and they have agreed for the following order :- i) The order dated 02-03-2009 passed by the Hon'ble Minister (Annexure-H) is set aside. ii) Since respondent No.3 do not wish to continue with the contract, they have no objection for allowing respondent No.2 to invite fresh bids for the period of five years commencing from 01-07-2010. iii) There is no dispute that respondent No.3 had deposited lease amount Rs.6,20,000/- for the first year i.e. 23-08-2007 to 30-06-2008 and for subsequent years i.e. 01-07-2008 to 30-06-2009 and 01-07-2009 to 30-06-2010 they deposited Rs.3,300/- per annum as per the impugned order passed by the Hon'ble Minister. iv) Respondent No.3, therefore, shall deposit the difference of the amount between the lease amount paid by them for the period from 01-07-2008 to 30-06-2010 and the bid amount, within a period of twelve weeks from today. If they fail to do so, it is open to respondent No.2 to 3 proceed against respondent No.3 Society to recover the said amount by following the due procedure of law. It is made clear that respondent No.3 shall not be allowed to participate in the fresh bids, if they do not deposit the difference of the amount as aforementioned. With these observations, Writ Petition is disposed of. JUDGE JUDGE pma