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Dilip Buildcon Ltd. vs The State Of Maharashtra on 16 September, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

     ITEM NO.24                               COURT NO.11                     SECTION II-A

                               S U P R E M E C O U R T O F               I N D I A
                                       RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 32351/2019

     (Arising out of impugned interim order dated 27-08-2019 in CRLWP
     No. 584/2019 with APPLN No. 2393/2019 in CRLMP No.584/2019 passed
     by the High Court Of Judicature at Bombay, Bench at Aurangabad)

     DILIP BUILDCON LTD.                                                      Petitioner(s)

                                                         VERSUS

     STATE OF MAHARASHTRA & ORS.                                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.139543/2019-EXEMPTION FROM
     FILING O.T. and IA No.139541/2019-PERMISSION TO FILE PETITION
     (SLP/TP/WP/..))

     Date : 16-09-2019 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                         HON'BLE MR. JUSTICE K.M. JOSEPH

     For Petitioner(s)                Mr.   Mukul Rohatgi,Sr.Adv.
                                      Mr.   Sidharth Luthra,Sr.Adv.
                                      Ms.   Vanshaja Shukla, AOR
                                      Ms.   Gunjan Chouksey,Adv.
                                      Mr.   Shantanu Srivastava,Adv.
                                      Ms.   Anuja Pethia,Adv.
                                      Mr.   Karan Sharma,Adv.
                                      Mr.   Akshay Sehgal,Adv.
                                      Mr.   Pankaj Singhal,Adv.

     For Respondent(s)

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Permission to file special leave petition is granted.

Application for exemption from filing official translation is allowed.

Digitally signed by ANITA MALHOTRA Date: 2019.09.16 17:43:50 IST Reason: Learned senior counsel for the petitioner has drawn our attention to the Writ Petition on which the impugned 1 order has been passed. The grounds broadly raised relate to irreparable loss and injury being caused to water bodies and dams constructed by the Government for which explosive material is alleged to have been used without permission being obtained. The use of gelatine is stated to be a fundamental issue of security. The prayer made in the writ petition is to lodge offences under Section 420 I.P.C. against the concerned offenders.

A perusal of the impugned order however shows that the controversy being discussed is that how and what manner minor minerals are being excavated which prima facie was outside the scope of area earmarked in the writ petition. As to how the aforesaid issue has risen, there appears to be nothing recorded.

In view of the aforesaid, issue notice. It is directed that the proceedings in the main writ petition shall remain stayed including any direction made so far in that behalf including registration of FIR qua the petitioner.

(ANITA MALHOTRA)                                   (ANITA RANI AHUJA)
  COURT MASTER                                        COURT MASTER




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