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Bombay High CourtWP/11000/2025disposed off

The Supremo Industries Thr Its Sole Proprietor N.S. Patil v. The State Of Maharashtra And Others

2025-12-18Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

2025:BHC-AUG:36949-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 WRIT PETITION NO. 11000 OF 2025 THE SUPREMO INDUSTRIES THR ITS SOLE PROPRIETOR N.S. PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. D.B. Thoke, Advocate for petitioner Mr. S.B. Pulkundwar, AGP for respondent Nos.1 to 6 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

18th DECEMBER, 2025 ORDER :

( PER : HITEN S. VENEGAVKAR, J. ) .

Present petition challenges the order dated 07.06.2025 granting temporary stay to work order dated 18.07.2024 and further notice issued pursuant to the stay order dated 07.06.2025. The petitioner states that the petitioner was successful bidder in the tender proceedings for excavation of the silt mixed sand situated at village Rahipuri Gat No.74 to Jamda and further Gat No.65 located in the backwater of Jamda Dam. Accordingly, work order was issued in favour of petitioner and the petitioner has started to act upon the said work order. On 15.05.2025 the Deputy Sarpanch of village

968_WP_11000_2025 Bhaur, Tq. Chalisgaon, Dist. Jalgaon made allegations to respondent No.2 that there is an illegal excavation on the said site. Considering the complaints and the allegations the petitioner states that the impugned temporary stay order has been passed. The proceedings are still pending for final adjudication. The petitioner assails the impugned order on the ground of jurisdiction of respondent No.3 to issue the impugned stay order by making reference to the Government Resolution dated 28.01.2022 and according to the petitioner, the entire mechanism as to how the complaints and obstructions are received by the authorities in respect of excavation of the sand is to be dealt with. He relies upon the said Government Resolution and reference to clause No.

10, wherein he submits that there is a Committee which has been constituted on 19.04.2023 to deal with the complaints and the obstructions pertaining to the subject. He further submitted that no such procedure as per the said Government Resolution has been followed and respondent No.3 without jurisdiction has issued the said order. Learned AGP, who appears for respondent Nos.1 to 6 tenders a communication dated 18.12.2025, wherein it is stated that the authorities will abide by the said Government Resolution and by referring to clause No.10 the further actions will be initiated in the pending proceedings. The said communication dated 18.12.2025 is taken on record and marked as Exh.

968_WP_11000_2025 'X'. In view of letter dated 18.12.2025 the petition stands disposed of. We direct the respondents to decide the proceedings within a period of 15 days from today.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd