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Mahesh Shivaji Chougule v. Ld. Additional Commissioner Of Pune Division At Pune And ORS

2025-02-27Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date: 2025.02.27 17:34:25 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2483 OF 2025 Mahesh Shivaji Chougule .. Petitioner Vs.

Additional Commissioner, Pune Division, Pune and Ors.

.. Respondents Mr. Manoj Patil with Mr. Shubham Dhenge, Advocates for the Petitioner. Mrs. Reena A. Salunkhe, Assistant Government Pleader for Respondent Nos.1 to 6.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 27TH FEBRUARY 2025.

P.C. :

1.

Leave granted to correct the synopsis. The same be done forthwith. 2.

It is submitted by the learned counsel for the petitioner that on 10th December 2024, the Additional Collector, Satara allowed the appeal preferred by the petitioner under Rule 82 of the Maharashtra Minor Minerals Excavation (Development and Regulation) Rules, 2013 setting aside the permission that was granted to the respondent no.7 on 6th March 2024. However, while deciding the other appeal preferred by the petitioner on the same ground, the communication dated 20th March 2024 issued by the Additional Collector, recognizing the grant of permission to the respondent no.7 has been upheld. It is urged that the petitioner being the sole eligible applicant, he ought to have been granted permission for excavation.

3.

Issue notice to the respondents, returnable on 13th March 2025. Learned Assistant Government Pleader waives notice for respondent nos.1 1/2 4-WP-2483-2025.doc Dixit

to 6. Respondent no.7 be served through speed post with acknowledgment.

4.

Parties to act on authenticated copy of this order. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 4-WP-2483-2025.doc Dixit