Vaijayanti Raghunath Kalekar v. The Collector, District Ratnagiri, State Of Maharashtra And ORS

1 6-WP-5038-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5038 OF 2023 Vaijayanti Raghunath Kalekar

...Petitioner

V/s.

The Collector Ratnagiri, State Of Maharashtra and Ors.

...Respondent

----- Ms. Vaijayanti R. Kalekar Petitioner- in-person. Smt. K. N. Solunke, AGP for Respondent.

Ms. Meenaksi Ravkhude for Respondent No.5.

Mr. Mohan Phalke for Respondent No.6.

Ms. Archan Bombe, Respondent No.2-Tahsildar, Dapoli present in Court.

----- CORAM :

K. R. SHRIRAM & FIRDOSH P. POONIWALLA, JJ.

DATE :

22nd JUNE 2023.

P. C.:- 1.

Prayer Clause in the Petition is limited to issue Writ of Mandamus directing Respondent No.1, the Collector, Dist. Ratnagiri, State of Maharashtra, to hear and decide on merits the Application dated 24th March 2022 filed by Petitioner complaining about alleged illegal mining.

2.

Ms. Kalekar, who is an advocate and also Petitioner, states that this Application is not being considered and hence, she was Ashvini Kakde

2 6-WP-5038-2023.doc compelled to file this Petition on or about 22th December 2022. 3.

Ms. Solunke appearing for Respondent Nos.1 to 4 states on instructions from Ms. Archan Bombe, Tahsildar of Dapoli i.e. Respondent No.2, that Petitioner's Application dated 24th March 2022 will be disposed on or before 15th July 2023. 4.

Respondent No.1 shall give personal hearing to Petitioner, notice whereof shall be communicated not less that five working days in advance. After personal hearing should Petitioner wish to file written submissions recording what transpired during the personal hearing or the submissions made during the personal hearing, Petitioner may file the same within three working days of the personal hearing.

5.

The order to be passed shall be a reasoned order dealing with every submission of Petitioner.

6.

Petition disposed.

7.

We clarify that we have not made any observations on the merits of the matter.

(FIRDOSH P. POONIWALLA., J.) (K. R. SHRIRAM, J.) Ashvini Kakde