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Supreme Court of India 2020-02-14 allowed

POPATRAO VYANKATRAO PATIL vs THE STATE OF MAHARASHTRA & ORS

Bench: 3 — S.A. Bobde, B.R. Gavai, Surya Kant

In Brief

An appellant won a sand block auction and deposited over Rs 62 lakh but was never given possession due to local opposition, and no excavation occurred. When he sought refund, authorities lost his file and rejected his claim on technical grounds. The Supreme Court held that writ petitions can be entertained even with factual disputes if the State's action is arbitrary. Since the appellant satisfied all his obligations but the State failed to deliver possession, denying refund was arbitrary and violated Article 14. The Court ordered full refund with 6% interest from the date of first refund request, emphasizing the State must act as a model litigant.

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