Ddsr Dreamwood Housing Society Ltd v. State Of Maharashtra Thr Govt Pleader And ORS

by ARUNA SANDEEP TALWALKAR Date:

2026.05.06 18:42:05 +0530 ARUNA SANDEEP TALWALKAR 37.WP6045.2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6045 OF 2026 DDSR Dreamwood Housing Society Ltd.

...Petitioner.

Versus

The State of Maharashtra & Ors.

...Respondents.

Mr. G.S. Hegde, Senior Counsel a/w. Ms. P.M. Bhansali, Advocate for Petitioner.

Mr. Vishal P. Shirke, Advocate for Respondent No. 3. Mr. S.H. Kankal, AGP for Respondent/State.

CORAM:

N. J. JAMADAR, J.

DATE :

4TH MAY 2026 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 31st December, 2025 passed by the Tahsildar, Thane, imposing royalty and penalty for the unlawful excavation of minor minerals.

3.

Mr. Hegde, the learned Senior Advocate for the Petitioner submits that the Petitioner has preferred an Appeal against the order passed by the Tahsildar before the Sub-Divisional Officer (SDO), Thane. An application for stay to the execution and operation of the order passed Talwalkar 1/2

37.WP6045.2026.DOC by the Tahsildar is also preferred in the Appeal. However, the Appellate Authority has declined to hear and decide the Application for stay. The Court is informed that the Appeal is posted before the SDO tomorrow. 4.

The SDO is directed to hear and decide the Appeal as expeditiously as possible and if it is not possible for the SDO to hear and decide the Appeal finally, the application for stay to the execution and operation of the order passed by the Tahsildar shall be expeditiously heard and decided by the SDO, preferably, within a period of two weeks from tomorrow.

5.

In view of the above, the Petition stands disposed. [N. J. JAMADAR, J.] Talwalkar 2/2