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Bombay High CourtWP/611/2026partly allowed

Sandeep Shivajirao Jadhav v. The State Of Maharashtra Thr. Secretary Revenue And Forest Dept. And ORS.

2026-02-25Hon'Ble Shri Justice Nitin B. Suryawanshi , Hon'Ble Shri Justice Ajit B. Kadethankar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 611 OF 2026 Sandeep Shivajirao Jadhav Age- 45 yrs, Indian Inhabitant, R/at- 9, Prerna, Vidhyanagar, MIDC, At/post- Kodoli, Tal- Dist- Satara.

...Petitioner

Versus

1.The State of Maharashtra Through Secretary, Revenue and Forest Department Mantralaya, Mumbai.

2.The Collector, Collector Office, Satara.

3.The Tahsildar, Tahsil Office, Tal- Dist- Satara 4.The Circle Officer, Shendre, Tal- Dist- Satara.

...Respondents

Mr. Aditya Raktade h/f Mr. Shailesh Chavan Advocate for Petitioner Ms. Tejas Kapre, AGP for Respondent Nos. 1 to 4-State

CORAM

:

NITIN B. SURYAWANSHI AND AJIT B. KADETHANKAR, JJ.

DATE :

25th FEBRUARY 2026.

ORAL JUDGMENT (PER: NITIN B. SURYAWANSHI, J.): 1.

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2.

By this petition, the petitioner challenges the impugned order dated 7th March 2024 passed by Respondent No. 3-Tahsildar,

thereby sealing the stone crusher of the petitioner and asking the petitioner to comply with the requirements stated in the impugned order.

3.

Learned advocate for the petitioner submits that on 24th December 2025, the Pollution Control Board has issued consent to operate the stone crusher for a period up to 31/10/2026. Therefore, the Respondent No. 3-Tahsildar may be directed to reconsider the petitioner's proposal.

4.

In support of his submissions, he relied on the order passed in similar circumstances by this Court at Principal Bench (Coram: A. S. Chandurkar & Dr. Neela Gokhale, JJ) in Writ Petition Stamp No. 15906 of 2025 and this Bench (Coram: M. S. Karnik & Ajit B. Kadethankar, JJ.) in Writ Petition No. 12154 of 2025. 5.

The petitioner's case is covered by the above mentioned two orders. Hence, the following order.

O R D E R

I. The Respondent No. 3-Tahsildar is directed to reconsider the proceedings before him in the light of grant of consent to operate dated 24th December 2025. II. While re-considering the matter, the Tahsildar shall grant an opportunity of hearing to the Petitioner, who shall appear before him on 12th March 2026.

III. Within a period of ten days from that day, the Tahsildar shall take a fresh decision on the matter keeping in mind the grant of consent to operate dated 24th December 2025.

IV. Needless to state that all the points on merits are kept open.

V. We make it clear that the petitioner will have to comply with 6 requirements mentioned at page 14-A and 14-B, then only the case of the petitioner will be reconsidered by Respondent No.3 -Tahsildar, on its own merit.

VI.

With the above directions, the Writ Petition is disposed of.

VII. Parties to act on an authenticated copy of this order.

6.

Rule is made absolute in the above terms.

(AJIT B. KADETHANKAR, J) (NITIN B. SURYAWANSHI, J.) IRESH MASHAL IRESH MASHAL Date: 2026.02.26 17:55:32 +0530