Laxmi Stone Crusher Through Its Proprietor v. The State Of Maharashtr And Others
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 10 WRIT PETITION NO.3476 OF 2022 SANKET STONE CRUSHER THROUGH ITS PROPRIETOR 11 WRIT PETITION NO.3635 OF 2022 BHAIRAVNATH STONE CRUSHER THROUGH ITS PROPRIETOR 14 WRIT PETITION NO.3878 OF 2022 BLACK STONE CRUSH SAND THROUGH ITS PROPRIETOR 40 WRIT PETITION NO.4342 OF 2022 LAXMI STONE CRUSHER THROUGH ITS PROPRIETOR THE STATE OF MAHARASHTR AND OTHERS 41 WRIT PETITION NO.4546 OF 2022 SAHYADRI STONE CRUSHER THROUGH ITS PROPRIETOR VITTHALBHAUSAHEB DHAMNE 42 WRIT PETITION NO.4548 OF 2022 MAYURESHWAR STONE CRUSHER THROUGH ITS PROPRIETOR 43 WRIT PETITION NO.4560 OF 2022 SAI CRUSH SAND THROUGH ITS PROPRIETOR KISHOR KANIFNATH WARULE
( 2 ) 45 WRIT PETITION NO.4569 OF 2022 HARISH METAL WORKS THR ITS PROPRIETOR RAHUL JAYWANT MALWADE 139 WRIT PETITION NO.3433 OF 2022 SHUBHAM STONE CRUSHER ALIAS SHIV BABA STONE CRUSHERS THROUGH ITS PROPRIETOR ANILAABASAHEB LOTKE 140 WRIT PETITION NO.3489 OF 2022 JAI BHAVANI STONE CRUSHER THROUGH ITS PROPRIETOR 152 WRIT PETITION NO.4347 OF 2022 NATH SAHARA STONE CRUSHER THROUGH ITS PROPRIETOR GANESH VITTHAL BHAGAT 153 WRIT PETITION NO.4348 OF 2022 VETAL STONE CRUSHER THROUGH ITS PROPRIETOR 154 WRIT PETITION NO.4349 OF 2022 SAMRUDDHI STONE CRUSHER THR ITS PROPRIETOR NANDKUMAR DNYANDEO PAWAR 155 WRIT PETITION NO.4350 OF 2022 MAYABA STONE CRUSHER THEROUGH ITS PROPRIETOR RAOSAHEBJABAJI KARALE
( 3 ) 156 WRIT PETITION NO.4351 OF 2022 BHAIRAVNATH ENTERPRIES THROUGH ITS PROPRIETOR ARUN ASARAM WARULE 157 WRIT PETITION NO.4353 OF 2022 SHRI GANESH CRUSH METAL THROUGH ITS PROPRIETOR ARJUN BHIMRAJ SATHE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS 158 WRIT PETITION NO.4354 OF 2022 MAYABA STONE CRUSHER THROUGH ITS PROPRIETOR 159 WRIT PETITION NO.4355 OF 2022 AROHI BUILDCON THROUGH ITS PROPRIETOR SACHIN SAHEBRAODUSUNGE Mr.S.P. Salgare h/f. Mr. N.V. Gaware, Advocate for the petitioners. Mr.S.G. Karlekar, Mr.S.G. Sangle, Mr. S.B. Yawalkar, AGPs for the respondent/ State.
CORAM
:
RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.
DATED :
27.06.2022 PC :- 01.
In all these identical matters, the petitioners have putforth prayer clauses (B) and (C) (WP/3476/2022), which read as under :-
( 4 ) B] Hold and declare that, the entire action of respondent No.5 Tahasildar with regards to charging of royalty and penalty to the petitioner, on the basis of electricity consumption is illegal,arbitrary and violative of Article 14, 19, (1)(g) & 21 of the Constitution of India and for that purpose issue necessary orders. C] Issue writ of mandamus or any other appropriate writ, orders, direction in the nature of writ of mandamus, directing the respondents No.3 Collector and respondent No.5 Tahasildar to undertake de-novo inquiry with regard to charging of royalty and/or fine by resorting to volumetric measurement instead of electricity consumption and to take further steps after giving opportunity of hearing to the petitioner in tune with the principles of natural justice and for that purpose issue necessary orders.
02.
We have considered the submissions of the learned Advocate for the petitioners.
03.
We are aware of the law laid down by the Division Bench of this Court at Nagpur [Coram : Hon'ble Shri Justice B.R. Gavai (as His Lordship then was) & Hon'ble Smt. Justice Indira K. Jain,JJ] in M/s. Shewalkar Developers Vs. Rupee Co-operative Bank Ltd., 2016 (1) Mh.L.J. 382.
( 5 ) 04.
The learned Advocate for the petitioners sought a pass over and submits, on instructions, from the petitioners that they desire to withdraw these petitions and pursue a legal remedy, as may be available in law. 05.
In view of the above, these petitions are disposed off as withdrawn, on instructions.
06.
We have not expressed any opinion about the desire of the petitioners' in seeking to avail of a remedy as is prescribed in law. [ANIL L. PANSARE,J.] [RAVINDRA V. GHUGE,J.] snk/2022/JUN22/wp3476.22