Maneksha Machstya Vavyasaik Sahakari Sanstha Ltd, Beed v. State Of Maharashtra And Others

Writ Petition No.3723/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3723 OF 2015 Maneksha Machstya Vavyasaik Sahakari Sanstha Ltd.

...

PETITIONER

VERSUS

The State of Maharashtra & others ...

RESPONDENTS .....

Shri R.T. Nagargoje, Advocate for petitioner Mrs. Y.M. Kshirsagar, A.G.P. for State ....

CORAM:

S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATED:

17th April, 2015.

ORAL ORDER :

1.

Mr. Nagargoje, learned counsel for the petitioner submits that the permission granted to the petitioner to use the engine boat has been cancelled vide impugned order without hearing the petitioner and without notice to the petitioner. According to the learned counsel, the same authority had earlier recommended for use of the engine boat. According to the

Writ Petition No.3723/2015 learned counsel, the cancellation of permission to use the engine boat is against the principles of natural justice. 2.

The learned A.G.P., on instructions, states that, on 8.4.2015, again the Regional Deputy Commissioner of Fisheries has recommended to the Commissioner of Fisheries the use of engine boat.

3.

Considering the above, and the fact that the impugned order is without issuing notice to the petitioner and without hearing the petitioner, the impugned order dated 17.2.2015, cancelling the permission to use the engine boat is quashed and set aside. In case the respondent No.4 wants to take any further action, the same would be only after following principles of natural justice. Writ Petition accordingly disposed of. No costs.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp3723.15