Datta Baswantrao Patil Through Power Of Attorney Mohammad Parvaiz Mohammad Ghouse v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11279 OF 2016 Datta Baswantrao Patil, Age:44 years, Occ. Agri., R/o.At Yesgi, Tq. Biloli Dist. Nanded Through Power of Attorney Mohd. Parvaiz Mohd. Ghouse ..Petitioner Vs.

The State of Maharashtra Through Secretary, Revenue and Forest Department, Mantralaya, Mumbai - 32 and others ..Respondents -- Mr.A.R.Syed, Advocate for petitioner Mr.M.M.Nerlikar, AGP for respondents -- CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : DECEMBER 13, 2016 PER COURT :

Not on board. Taken on board.

2.

Heard.

3.

The petitioner has placed reliance on Rule 65 of the Mines and Minerals (Development and Regulation) Act, 1957, which provides that the application tendered by a private land owner for

2 wp11279.odt excavation of sand from his own land, shall have to be decided within one month from the date of presentation of the application.

4.

The petitioner tendered the application for excavation of the sand on 18.11.2015. The said application has not been attended by the respondents at all.

5.

In the circumstances, respondent no.2 shall take a decision on the application tendered by the petitioner on 18.11.2015, in accordance with the provisions of the Rule referred to above as well as in consonance with the Government Resolution dated 29.06.2016, as expeditiously as possible and preferably, within a period of two weeks from today.

6.

With these directions, the Writ Petition stands disposed of.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp