1 wp962.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.962 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 20th July, 2011 Shri S.S. Tope, Advocate, for the petitioner. Shri S.K. Kadam, A.G.P. for Resp. Nos. 1 to 5. Shri A.B. Kharosekar, Adv. for Resp. No. 6. ------- 1. The present petition has been preferred by a Gram Panchayat which is vigilant about the allotment of sand spots by the State for excavation of sand from river beds. According to the petitioner, a sand spot was allotted to Respondent No.6, in an auction conducted in the year 2004-05. Respondent No. 6 did not excavate the sand, although the sand spot was allotted to him. 2 wp962.10 2. It appears that by the order dated 25.1.2010, the Collector, Jalna, had granted an extension of time to Respondent No.6 to excavate the sand, although under the then prevailing policy, extension of time could be granted for 335 days. 3. The petitioner approached this court and the order impugned in the petition was stayed on 15.2.2010. 4. Indisputably, today a new policy prevails for excavation of sand in the State, which is formulated in the Govt. Resolution dated 25.10.2010. In our opinion, therefore, the petition can be disposed of in the following terms; (i) The impugned order is set aside. (ii) The State may invite fresh bids for the aforesaid sand spot in accordance with the new policy as formulated in the Govt. Resolution dated 3 wp962.10 25.10.2010, in the event it desires to allot the sand spot to anybody. (iii) Respondent No. 6 may bid for the sand spot, if such tenders are invited by the State. 5. The petition is disposed of in the above terms. Respondent No. 6 may claim a refund of the amount deposited with the State, if he is entitled to the same, in accordance with law, by adopting a proper remedy which is not of filing a writ petition. (M.T. JOSHI) (SMT. NISHITA MHATRE, J.) pnd/wp962.10