Shri. Rajendra Parmeshwar Ithape v. The State Of Maharashtra Thru The Directorate Of Geology And Mining And ORS.

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION (ST.)NO.31333 OF 2018 Rajendra Parmeshwar Ithape ..Petitioner Vs The State of Maharashtra & Ors ..Respondents WITH CIVIL WRIT PETITION NO.10959 OF 2018 Vikas Devba Pawar ..Petitioner Vs The State of Maharashtra & Ors ..Respondents WITH CIVIL WRIT PETITION NO.10961 OF 2018 Ankush Anandrao Pawar ..Petitioner Vs The State of Maharashtra & Ors ..Respondents WITH CIVIL WRIT PETITION NO.10962 OF 2018 Narayan Waman Ghikne ..Petitioner Vs The State of Maharashtra & Ors ..Respondents WITH CIVIL WRIT PETITION NO.11467 OF 2018 Sanjay Namdev Gaikwad ..Petitioner Vs The State of Maharashtra & Ors ..Respondents WITH CIVIL WRIT PETITION NO.11790 OF 2018 Kamlakar Appaso Babar ..Petitioner Vs The State of Maharashtra & Ors ..Respondents 1/3

WITH CIVIL WRIT PETITION NO.11946 OF 2018 Rajendra Rameshwar Ithape ..Petitioner Vs The State of Maharashtra & Ors ..Respondents ----- Mr. V.S. Talkute, for the Petitioners.

Mr. S.D. Rayrikar, AGP for the State in WP 11467/2018. Advocate Kanan Deshmukh i/b U.R. Gaikwad for respondent. Mr. S.H. Kankal, AGP for State in AGP for State in WP Nos.10959, 10961, 10962 of 2018.

Ms. M,.S. Bane, AGP for State in WPST 31333 of 2018. ------ CORAM : A.S.GADKARI, J.

DATE : 3rd September 2019.

P.C.:

1] At the outset, the learned AGP raised a preliminary objection and submitted that, against the impugned Order passed under Rule 82 of the Maharashtra Minor Mineral Extraction (Development And Regulation) Rules, 2013, an alternate remedy by way of Revision under Rule 84 is maintainable before the State Government. He submitted that, without availing the said alternate remedy available with them, they have directly approached this Court by way of present petitions.

2] In view thereof, the learned counsel for the petitioners on instructions seeks leave to withdraw the petitions with liberty to fle Revision Application under Rule 84 of the said Act.

Leave and liberty granted.

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3] It is needless to mention that, this Court has not dealt with the merits involved in petitions and the same are disposed of in view of the preliminary objection raised by the learned AGP. 4] Ad-interim relief granted in all petitions to remain in force for a period of fve weeks from today.

5] It is further needless to mention that, the petitioners are entitled to the beneft as contemplated under section 14 of the Limitation Act. 6] All petitions are disposed of as withdrawn with aforesaid liberty. (A.S.GADKARI, J.) 3/3