Shrinivas Ganesh Phadtare v. State Of Maharashtra Thr Its Chief Secretary Water Supply And Sanitation And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6459 OF 2025 Shrinivas Ganesh Phadtare .. Petitioner
Versus
State of Maharashtra & Ors.
.. Respondents Mr. Ravindra S. Pachundkar for petitioner.
Mr. Ajit R. Pitale (Through V.C.) for respondent nos.2 and 4. Mr. Shantanu Katkar a/w Nidhi Chauhan i/by Vishwanath Patil for respondent no.8.
Mr. O. A. Chandurkar, Addl. Govt. Pleader with Mr. S. P. Kamble, AGP for respondent nos.1, 5, 6, 9, 13, 15 and 16State. by PRAVIN DASHARATH PANDIT Date:
2025.07.25 15:29:28 +0530 PRAVIN DASHARATH PANDIT
CORAM:
ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.
DATE:
25th JULY, 2025 P.C.:
1.
The petitioner claims to be an Advocate. In this writ petition, the petitioner, inter alia, has prayed for the following reliefs: - "(a) Rule be issued and record and proceedings be called for.
(b) This Hon'ble Court be pleased to issue the writ of mandamus or certiorari or any other appropriate writ/ direction/order in the nature of writ of mandamus or certiorari under Articles 226 of the Constitution of India. i.
be pleased to direct the Respondent Government authorities Nos. 2, 4 and 10 to decide Petitioner's presentation, representation/written objections dated 28.02.2025, 11.02.2025 and
10.02.2025 respectively by affording the hearing to the petitioner as expeditiously within the period of 3 weeks by passing the reasoned order and the same may be communicated to the Petitioner;
ii.
be pleased to direct the respondents authorities to enquire about the illegal excavation of mining, minor mineral without paying complete royalty, illegal sale of mining raw material (Murum), breach of excavation without permission granted which is endangering to the environment and causing monetary loss to the State Government of Maharashtra and in breach of permission granted for illegal construction of overhead Water Tank inside flowing drain situated at Lasurne Village, Tal. Indapur, District - Pune; iii.
be pleased to direct the respondents authorities to cancel the tender and take immediate action against the illegal excavation of mining, minor mineral without paying complete royalty, illegal sale of mining raw material (Murum), breach of excavation without permission granted which is endangering to the environment and causing monetary loss to the State Government of Maharashtra and in breach of permission granted for illegal construction of overhead Water Tank inside flowing drain situated at Lasurne village, Tal. Indapur, District Pune; iv.
be pleased to direct the Respondent authorities to immediate stop the illegal excavation of mining, minor mineral without paying complete royalty, illegal sale of mining raw material (Murum), breach of excavation without permission granted which is endangering to the environment and causing monetary loss to the State Government of Maharashtra and in breach of permission granted for illegal construction of overhead Water Tank inside flowing drain situated at Lasurne village, Tal. Indapur, District Pune;" 2.
When the matter is called out today, learned counsel for the petitioner that illegal excavation of minor minerals being
being carried out at Vilalge Lasurne, Taluka - Indapur, District Pune under the scheme of Jal Jeevan Mission. It is further submitted that the petitioner being aggrieved had submitted representations on 10th February, 2025, 11th February, 2025 and 28th February, 2025 to the various authorities. However, aforesaid representations do not evoke any response. 3.
Learned counsel for the petitioner submits that the petitioner does not intend to press any other relief except the relief for decision on the representations.
4.
In the facts and circumstances of the case, we deem it appropriate to dispose of the writ petition with a direction to the respondent no.6 - Collector, Pune to look into the complaints/representations submitted by the petitioner and to take an appropriate decision in accordance with law. It is made clear that the Collector, Pune shall hear the petitioner as well as respondent no.11.
5.
It is made clear that this Court has not expressed any opinion on merits of the matter.
6.
With the aforesaid directions, the writ petition is disposed of.
(SANDEEP V. MARNE, J.) (CHIEF JUSTICE)