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Bombay High CourtWP/362/2023allowed

Kishor S/O Waman Kinake v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Dept., Mumbai And Others

2023-01-16Hon'Ble Shri Justice Avinash G. Gharote1 pages

wp 362.23.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.362/2023 Kishor V State of Mah and others ****************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

****************************************************************************** Mr. A.R. Ingole, Adv. for petitioner.

Ms. T. Khan, AGP for resp. nos.1 to 4.

CORAM : AVINASH G GHAROTE, J.

DATE : 16-01-2023 Learned AGP does not dispute that in view of the fact what has been seized is stone metal, which does not fall within the definition of minor mineral under the Mines and Mineral Development and Regulation Act, nor there is any notification declaring it to be so, the impugned order passed u/s 48(8) of the Maharashtra Land Revenue Code cannot be sustained. The impugned order is therefore quashed and set aside. 2.

The petition is allowed in above terms. No costs.

JUDGE Deshmukh