- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3615 OF 2010 M/s Yogi Midtown Hotel .. Petitioner vs The State of Maharashtra & ors .. Respondents Mr.Ratan Kumar Samal for Petitioner Mr.L.M.Acharya for Respondent no.4 Mr.V.S.Gokhale AGP for Respondent nos.1 to 3. CORAM: D.D.SINHA & MRS.MRIDULA BHATKAR,JJ DATE: 22nd June, 2010 P.C. 1. Heard learned counsel for the petitioner, learned counsel for the respondent no.4 and the learned AGP for Respondent nos. 1 to 3. 2. The petitioner is seeking a direction in the present writ petition to the respondents to grant final eligibility certificate and certificate of entitlement in order to get benefits of incentive stipulated in the scheme floated by the Government of Maharashtra, Department of Tourism and Cultural Affairs vide Resolution dated 16th December, 2006. - 2 - Counsel for the petitioner has submitted that the respondent-M.T.D.C. after following the procedure mentioned in clause 13 of the scheme granted provisional eligibility certificate to the petitioner and the case of the petitioner is forwarded to the Commissioner of Sales Tax for taking a decision in respect of the incentives pertaining to tax. It is submitted that the Commissioner of Sales Tax till this date has not taken a decision and therefore, the said authority may be directed to decide the issue within the stipulated period in accordance with provisions of the scheme as well as procedure if any applicable in this regard. 3. The learned AGP states that if the application of the petitioner is referred to the Commissioner of Sales Tax, Mumbai by the M.T.D.C.if not finally decided by the Commissioner of Sales Tax the same will be decided as per directions of this court. 4. In the backdrop of the above referred fact, we dispose of the present writ petition with a direction to the Commissioner of Sales Tax, Mumbai to decide the proposal of the petitioner forwarded - 3 - by the M.T.D.C. as stated herein above, in accordance with law and procedure applicable in this regard within a period of six months from the date of communication of this order. D.D.SINHA,J MRS.MRIDULA BHATKAR, J - 4 -