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2019 DAILYLAW 3723 (BOM)

MUDRA SALT AND CHEMICAL INDUSTRIES v. THE COLLECTOR, MUMBAI SUBURBAN DISTRICT AND 3 ORS

WP/2613/2019 · 2026-09-07

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Judgment text

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1/2 29-WP-2613-2019 (OS).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2613 OF 2019 Mudra Salt And Chemical Industries ...Petitioner Versus The Collector, Mumbai Suburban District And 3 Ors. ...Respondents _______ Mr. G. S. Godbole, Sr. Adv. a/w Ms. Druti Datar i/b Rajesh Datar, for the Petitioner. Mr. Manish Upadhye, AGP, for the Respondent Nos.1 and 2. Mr. Y. S. Bhate a/w Ms. Aishwarya Shinde, for Respondent No.4 _______ CORAM : ARIF S. DOCTOR, J. DATE : 7 th SEPTEMBER, 2026 P.C. 1. The matter was stood over today to enable Learned AGP to take instructions on whether the Respondent – State was serious in defending the assessment of the land in question on the basis that the land is non-agricultural land. 2. Mr. Upadhye has invited my attention to the affidavit-in-reply filed by Respondent Nos. 1 and 2, and in particular to the Government Resolution dated 10 th February 2026, annexed thereto at page 593. He fairly concedes that, as per clause 10 of the said Government Resolution (page 597), such an assessment would not be legally permissible. Vaibhav VAIBHAV NAMDEV BARE Digitally signed by VAIBHAV NAMDEV BARE Date: 2026.09.08 19:11:07 +0530 2/2 29-WP-2613-2019 (OS).DOC 3. Mr. Upadhye accordingly states that the impugned order/demand shall be withdrawn. His statement is accepted. Nothing, therefore, survives in the Petition. 4. The amount deposited by the Petitioner pursuant to the order dated 22 nd September 2009 in Writ Petition No. 1134 of 2009 shall be refunded to the Petitioner within four weeks along with interest. As regards the Bank Guarantee furnished pursuant to that order, necessary steps shall also be taken to release it, together with the interest accrued thereon. 5. The Writ Petition is accordingly disposed of. [ARIF S. DOCTOR, J.] Vaibhav