Kolhapur Zilla Stone Crusher Va Khan Owners Welfare Asso. Thr Its Chairman v. State Of Maharashtra Thr Its Ministry Of Revenue And Forest And ORS

5-ASWP-16564-2023-R.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16564 OF 2023 Kolhapur Zilla Stone Crusher Va Khan Owners Welfare Association through its Chairman

...Petitioner

Versus

State of Maharashtra through its Ministry of Revenue & Forests & Ors

...Respondents

Mr Manoj Patil, i/b SS Borulkar, for the Petitioner. Mr AI Patel, Addl. GP, with YD Patil AGP, for the RespondentState. SHEPHALI SANJAY MORMARE

CORAM

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

SHEPHALI SANJAY MORMARE Date: 2025.02.25 16:12:32 +0530 DATED:

24 FEBRUARY 2025 PC:- 1.

This petition is filed in a representative capacity stated to be for the benefit of the members of the petitioner who are in the business of stone crushing. The case of the petitioner in this petition filed under Article 226 of the Constitution of India is that they are aggrieved by the impugned Government Resolution dated 9 May 2023 which affect the rights of its members as licensees. The 24 February 2025

5-ASWP-16564-2023-R.DOC licensees' rights are individual rights. If any of the members of the petitioner are having grievance against the impugned Government Resolution or they are aggrieved in respect of any of their rights as licensees or other legal rights affecting their business, they need to file independent proceedings as their grievances would be required to be considered in regard to their independent legal rights. In our opinion, there cannot be an en-block petition of this nature as the facts in relation to each of the members and their legal rights, if they are so aggrieved, would be required to be considered on case to case basis. Thus, keeping open all contentions of the petitioners to assert their rights independently, we are not inclined to entertain this petition. We accordingly dispose of the petition with liberty to the members of the petitioner to resort to appropriate proceedings. 2.

Disposed of in the aforesaid terms. No costs. (ADVAIT M. SETHNA, J) (G. S. KULKARNI, J) { 24 February 2025