Amol Raghunath Wakade v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.65 OF 2014 WITH CIVIL APPLICATION NO.15993 OF 2016.

Amol S/o Raghunath Wakade Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.N.S.Kadam, advocate for the Petitioner.

Mr.A.N.Nagargoje, advocate for applicant and for Respondent No.7 in PIL.

Ms.S.S.Raut, A.G.P. for the State.

Mr.N.S.Kadam, advocate for Respondent No.7 in C.A. CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 09.12.2016.

PER COURT :

1.

Heard.

2.

In the present Public Interest Litigation the order dated 1.3.2013, passed by the Hon'ble Minister thereby allowing the application of the Respondent No.7 is assailed. 3.

Under the said order the Hon'ble Minister has extended time for the Respondent No.7 to excavate the sand up to 30.9.2013. 4.

Mr.Nagargoje, the learned counsel for the Respondent No.7 states that, said period is also over.

5.

We have heard the learned counsel for the petitioner and the

learned Assistant Government Pleader.

6.

As the time extended by the Hon'ble Minister has lapsed, the said order has lost its efficacy and does not survive and is also not operative. On the said ground, the said order is set aside. 7.

The Respondent No.7 is at liberty to file application before the authority as may be permissible in law for extension or refund of the amount. In case such application is filed, the authority shall consider the said application on its own merits expeditiously after hearing all the parties concerned. The Public Interest Litigation accordingly is disposed of. No costs.

8.

The Civil Application also stands disposed of. (K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.09.12.2016.

asp/office/PIL65.14