M/S. Manadev De-Silting Dredging And Mining And ANR v. The State Of Maharashtra And ORS

17.4254.21-wp.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4254/2021 BASAVRAJ GURAPPA PATIL BASAVRAJ GURAPPA PATIL Date: 2021.09.03 19:38:00 +0530 M/s. Manadev De-silting Dreding and Mining and Anr.

..... Petitioners Vs.

The State of Maharashtra & Ors.

..... Respondents Mr. S. M. Sabrad a/w. Neha R. Parte for the Petitioners Mr. S. S. Panchpor, AGP for the State

CORAM:

K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ.

DATED :

SEPTEMBER 2, 2021 P.C.

Heard. By this petition under Article 226 of the Constitution of India, the Petitioners challenge the order dated 06.01.2021 passed by Respondent No.3 rejecting the Petitioner's Application dated 17.12.2019 for grant of permission to remove mud with sand from the agricultural land of Petitioner No.2.

After arguing for some time, the learned counsel for the Petitioners submits that bare reading of Application dated 17.12.2019 shows that the same has not been worded properly. Hence, he received instructions from his client to withdraw the Writ Petition as well as the Application dated 17.12.2019 and @le a fresh Application for the same cause of Basavraj G. Patil 1/2

17.4254.21-wp.odt action as per Government Resolution dated 29.06.2016 (Exhibit-A page 25 to the petition). To that effect he has given in writing. Same is taken on record and marked "X" for identi@cation.

Hence, the following order is passed:

a.

The Writ Petition stands dismissed as withdrawn with liberty to @le appropriate Application for the same cause of action as per Government Resolution dated 29.06.2016.

b.

If such an Application is @led, the Authority is directed to decide the same on merits without being inHuenced by the fact that the earlier Application was dismissed.

c.

No order as to costs.

(PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2