Bombay High Court
Sainath Stones And Agro Industries ... vs The State Of Maharashtra And Others on 17 May, 2019
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5731 OF 2019
SAINATH STONES AND AGRO INDUSTRIES AADGAON THROUGH ITS
PARTNERS RAJESH RANGNATH PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.C.T. Jadhav, Advocate for the petitioner.
Mr.S.N. Morampalle, AGP for the respondent/State.
CORAM : S.M.GAVHANE,J.
[VACATION COURT] DATED : 17.05.2019 P.C. :-
. Heard learned Counsel for the petitioner.
2. Issue notice to the respondents. Learned AGP waives service of notice for respondent Nos.1 to 5. Notice of respondent Nos.6 and 7 is made returnable on 07.06.2019. Learned Counsel for the petitioner submitted that he has served notice on respondent Nos.6 and 7 by private mode and service affidavit in that respect is produced on record, which is marked as Exh."X" for identification.
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3. Learned Counsel for the petitioner submitted that by order dated 01.06.2018 of the Tahsildar, stone- crusher was sealed. Said order of the Tahsildar was challenged before the Divisional Commissioner, Aurangabad in Case No. ROR/REV/216/2018 by the petitioner and by order dated 15.06.2018, the Additional Divisional Commissioner, Aurangabad set aside the said order of the Tahsildar of sealing the stone-crusher of the petitioner, as per order Exh."G". As such, according to learned Counsel for the petitioner, he has been continuously running stone-crusher with the electric supply to it, in the site of the petitioner and more particularly in Gat No.177 of village Adgaon, Tq. & Dist. Aurangabad. Therefore, according to learned Counsel, there is no question of starting stone-crusher in the odd time, as mentioned in communication dated 04.05.2019 (Exh."J") of the Tahsildar, as the petitioner is continuously running stone-crusher. According to learned Counsel, in the notice Exh."J", the Tahsildar has informed the Executive Engineer to stop the electric supply of the stone-crusher ::: Uploaded on - 17/05/2019 ::: Downloaded on - 18/05/2019 04:59:33 ::: (3) wp5731.19 and copy of the said communication is addressed to the petitioner, stating that as the petitioner has no license to excavate the stone from quarry, the electric supply to the crusher of the petitioner is being closed. It is submitted that the electric supply to stone crusher of the petitioner is yet to be closed. It is contended in para 14 of the petition that respondent No.7 is going to disconnect the supply of the petitioner, upon instructions of respondent Nos.3 and 4, for which the petitioner is compelled to approach the Court for injunction.
4. Considering the nature of order dated 15.06.2018 of the Additional Divisional Commissioner, Aurangabad, the submissions of learned Counsel for the petitioner and apprehension of the petitioner that at any time respondent No.7 may disconnect the electric supply to the stone-crusher of the petitioner, respondent No.7 is directed to maintain status-quo regarding electric supply to the stone quarry of the petitioner till 07.06.2019. ::: Uploaded on - 17/05/2019 ::: Downloaded on - 18/05/2019 04:59:33 :::
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5. Stand over to 07.06.2019
6. Parties to act upon authenticated copy of this order.
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