Grampanchayat Ambechincholi Through Its Member Ananda P. Jadhav v. State Of Maharashtra Through Its Dept. Of Revenue And Forest And ORS

wp-726.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.726 OF 2015 Grampanchayat Ambechincholi ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents Mr. Dnyaneshwar Waman Bhosale for the Petitioner. Mrs. M.P. Thakur, AGP for the Respondent No.1. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 9th FEBRUARY, 2016 P.C.

The only substantive prayer in this Petition is the prayer clause (b) which reads thus :- "(b) Call for the relevant records and proceeding from the office of the Respondents and after going into the legality of the same direct the Respondent Collector not to make available the site bearing Satha Nos.1, 2, 3 and 4 situated at Village Ambechincholi - Sarkoli, Taluka : Pandharpur, District : Solapur for excavation and/or removal of sand henceforth and for that purpose issue appropriate writ and/or order."

The learned AGP has placed on record a printout of the email received by her from the Mining Officer (Collector's Office),

wp-726.15 Solapur. The same is taken on record and marked 'A-1' for identification. It records that no bidder offered a bid for the spot in question for the year 2014-2015. We accept the statement made by the Mining Officer. The challenge in this Petition will not survive in view of the said statement of fact. If in future the same spot is again advertised, it will be open for the Petitioner to raise appropriate objections and/or to file appropriate proceedings in accordance with law. With the above observations, the Petition is disposed of.

(C.V. BHADANG, J ) (A.S. OKA, J )