Shri. Vijaysinh Shivajirao Patil v. The Collector Of Kolhapur And ORS

1/2 WP 7935 of 2014 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7935 OF 2014 Shri Vijaysinh Shivajirao Patil

...Petitioner

Vs.

The Collector of Kolhapur and Ors.

...Respondents

****** Mr. Vinayak R. Patil for Petitioner Mr. Rohan Kadam a/w. Anand Chovatia i/b. Yogesh Adhia, for Respondent No.5 ****** CORAM : V. M. KANADE & M.S. SONAK, JJ.

DATE : AUGUST 8, 2016 P.C. :

1.

By this petition, which is filed under Article 226 of the Constitution of India, the Petitioner is seeking the following reliefs: "a.

the petition may kindly be admitted and allowed; b.

this Hon'ble Court kindly direct the Respondent Nos.1,2,3 and 5 to peruse the order dated 26/03/2014 passed by the Respondent No.4 i.e. The Divisional Commissioner Pune, Office at Divisional Commissioner, Pune Division, Revenue, Vidhan Bhavan, Pune:-1; c.

Pending the hearing and final disposal of this

2/2 WP 7935 of 2014 petition this Hon'ble Court kindly direct the Respondent No.5 i.e. Bhartesh Construction Company, Belgaon, to stop mining, excavating and transporting of bauxite form the Gat No. 103, Girgaon Village, Tal. Shahuwadi, Kolhpaur and any kind of such work be stayed." 2.

We are afraid that this Court while exercising its writ jurisdiction under Article 226 of the Constitution of India firstly; cannot decide the disputed question of facts and, secondly; cannot give a direction for implementation of the order dated 26.3.2016 passed by Respondent. 4. We are, therefore, inclined to entertain this petition. Writ petition is disposed of, reserving the right of the Petitioner to take out appropriate proceedings before the appropriate forum. All contentions of both the parties are kept open.

M.S. SONAK, J.

V.M. KANADE, J.

Vaishali Tikam