Uday Raman Patel v. Union Of India And ORS.

5. wp 10268.16.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10268 OF 2016 Uday Raman Patel .. Petitioner Vs.

Union of India and ors.

.. Respondents Mr.Manoj Manohar Badgujar, for the Petitioner. Mr.A.S.Khandeparkar a/w Mr.Anil D.Yadav, for Respondent No.1.

Mr.S.V.Chaugule i/b Mr.S.S.Deshmukh, for Respondents No. 2 to 7.

Ms.P. Badadare, for Respondent No.8.

CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 14th SEPTEMBER, 2016 P.C. :

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Parties through their Counsel.

2.

The grievance of the petitioner is that 8th respondent is carrying out illegal stone mining and crushing activities on agricultural land belonging to the Forest Department. According to him, the land in question being forest land, no stone mining or crushing activities is permissible.

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5. wp 10268.16.doc 3.

Having considered the submissions made by the parties, we are inclined to dispose of this Petition by directing the respondent No.3 - Collector to look into the petitioner's grievance and take appropriate decision in regard to the petitioner's grievance in accordance with law keeping in view all the orders passed by the Civil Court as also the order passed in Second Appeal No. 816 of 2012. Needless to say that in case the activities are found to be illegal and unauthorised, appropriate further necessary steps be taken by the 3rd respondent - Collector in accordance with law as expeditiously as possible but not later than 3 months from the date of receipt of copy of this order. All other contentions are left open. 4.

With the aforesaid directions, Writ Petition is disposed of.

(M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2