Ramesh S/O Sampatrao Warekar v. The State Of Maharashtra, Thr. Its Secretary, Revenue And Forest Department, Mumbai And Others

1 16.wp.4503.2023

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4503 OF 2023 Shri Ramesh s/o Sampatrao Warekar ..vs..

State of Maharashtra and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Chetan Sharma, Advocate for the petitioner. Shri Fulzele, Assistant Government Pleader for the State. CORAM :

VINAY JOSHI AND M.W.CHANDWANI , J J.

DATED :

29.07.2024.

Heard.

2.

Learned Counsel for the petitioner has earlier restricted petition as regards to prayer Clause (iii) only. Now, due to subsequent developments, he has restricting the petition only to the extent of additional prayer-Clause (v) of the petition. The said prayer clause reads as below :

"v) Direct the respondent No.2 Collector, Amravati to expeditiously decide the renewal of mining lease application dated 28.11.2022 (Annexure-S) made by the petitioner as per the rule 15 of the Maharashtra Minor Minerals Extraction (development and regulation) Rules, 2013."

3.

The learned Counsel for the petitioner has attracted our attention to Rule 15(2) of the Maharashtra Minor Minerals Extraction (Development and Regulation) Rule, 2013, which provides that the

2 16.wp.4503.2023 application for renewal of quarry lease shall be disposed of within a period of sixty days. Admittedly, the petitioner's application for extension dated 28.11.2022 has not yet been decided, since already period of more than six months has lapsed.

4.

We direct the respondent Authority to decide the petitioner's extension application dated 28.11.2022 within four weeks from the date of receipt of this order.

5.

In case of extension granted, the issuance of royalty pass shall be considered in accordance with the law.

6.

The petition stands disposed of in above terms. (M.W.CHANDWANI, J.) (VINAY JOSHI, J.) Trupti