Kolhapur Zilla Majoor Sahakar Sansthanch Sangh v. State Of Maharashtra Thr Its Dept. Of Revenue Affairs And ORS

2024:BHC-AS:31433-DB Diksha Rane 12. wp 4435-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4435 of 2023 KOLHAPUR ZILLA MAJOOR SAHAKAR SANSTHANCHA SANGH ..PETITIONER VS.

STATE OF MAHARASHTRA THR.

ITS DEPT. OF REVENUE AFFAIRS & ORS.

..RESPONDENTS ------------ Mr. Manoj A. Patil a/w. Mr. Ashish P. Pawar for petitioner. Mr. N. K. Rajpurohit, AGP for respondent Nos.1 to 6 - State. ------------ CORAM :

A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE :

7th August 2024.

P.C. :

1.

Heard.

2.

By this Writ Petition, Petitioner - Sangh seeks consideration of the applications moved by the members for grant of temporary permit to undertake mining excavation activities in lands falling within the jurisdiction of Respondent No.5 - Tahsildar, Hatkanangale and Respondent No.6 - Tahsildar, Shirol.

3.

The learned counsel for the petitioner submits that in so far as the applications pending before the Respondent No.6 - Tahsildar, Shirol are concerned, the same have been rejected by the Tahsildar in view of such statements made in the affidavit-in-reply filed on behalf

Diksha Rane 12. wp 4435-23.doc of the Respondents. He submits that the rejection orders could be challenged in Appeal.

4.

In so far as applications pending before the Respondent No.5 - Tahsildar, Hatkanangale are concerned, he prays that the same be directed to be considered expeditiously.

5.

In the light of aforesaid, the following directions would serve the ends of justice:- (I) Respondent No.5 - Tahsildar, Hatkanangale, shall consider the applications moved by the members of the Petitioner - Sangh in the year 2015 within a period of three months of receiving copy of this order. The applicants shall be given an opportunity of hearing as well as permission to file documents, if necessary. (II) In so far as rejection of applications by the Respondent No.6 - Tahsildar - Shirol is concerned, the applicants if aggrieved, are free to take appropriate legal recourse in accordance with law. 6.

The Writ Petition is disposed of with aforesaid directions. 7.

Parties to act on an authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 07/08/2024 18:10:20