Nilesh Suresh Arte v. The State Of Maharashtra Thru Revenue And Forest Dept. And ORS

Digitally signed by TRUPTI SADANAND BAMNE Date:

2023.10.10 15:32:46 +0530 TRUPTI SADANAND BAMNE Trupti 1 9-wp-12064-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12064 OF 2023 Shri. Nilesh Suresh Arte Proprietor of M/s. Yeoor-S Urban Dhaba ...

Petitioner V/s.

The State of Maharashtra and Others ...

Respondents.

......

Mr. Kuldeep S. Patil i/b. Ms.Saili Dhuru for the Petitioner. Ms. R.A.Salunkhe, AGP for Respondent Nos. 1, 2 and 4-State. ......

CORAM :

NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE :

4 OCTOBER 2023 P.C. :

Heard the learned Counsel for the parties.

2.

The Petitioner has sought a direction to Respondent Nos. 1 to 4 that they should allow the entry and exist of the Petitioner's visitors and staff from 7 am to 1.30 am. This direction is sought on the basis of the assertion made in the Petition that some forest officers have stopped the Petitioner's entry during this period. 3.

It is not possible to proceed on the basis of such bare assertion especially when the Petitioner has not brought his grievance to the notice of the concerned authorities. It is open to the Petitioner to

Trupti 2 9-wp-12064-2023.doc approach the Conservator of Forest and Director of the National Park with a written complaint and also with a prayer to allow the entry and exist of the visitors and staff of the Petitioner. Upon such complaint/ application is made, Respondent No.4 will pass a written order as per law on its own merits thereupon giving reasons. If the Petitioner is aggrieved, then the Petitioner can always take necessary course of action in respect of this communication. 4.

The Writ Petition is accordingly disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)