Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Cosmos Quarries vs M/S Thakur Stone Quarries on 10 October, 2022

Bench: K.M. Joseph, Hrishikesh Roy

                                                       1

     ITEM NO.1                              COURT NO.5                 SECTION IX

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

     Petition(s) for Special Leave to Appeal (C)                   No(s).    13954/2020

     (Arising out of impugned final judgment and order dated 09-06-2020
     in WP No. 1318/2019 passed by the High Court Of Judicature At
     Bombay)

     COSMOS QUARRIES                                                     Petitioner(s)

                                                      VERSUS

     M/S THAKUR STONE QUARRIES & ORS.                                    Respondent(s)

     (FOR ADMISSION and I.R. and IA No.119543/2020-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT
      IA No. 30403/2022 - AMENDMENT OF APPEAL / PETITION / I.A.
      IA No. 119543/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)

     Date : 10-10-2022 These matters were called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE K.M. JOSEPH
                            HON'BLE MR. JUSTICE HRISHIKESH ROY


     For Petitioner(s)                 Mr. T. M. Shivakumar, Adv.
                                            R. V. Rateria, Adv.
                                       Ms. Mamta Tiwari, Adv.
                                       Ms. Priyanka Singh, Adv.
                                       Ms. Amrita Kumari, AOR

     For Respondent(s)                 Mr. Dinesh Dwivedi, Sr. Adv.
                                       Mr. Krishnam Mishra, Adv.
                                       Mr. Nishant Singh , AOR


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

Application (I.A. No. 30403/2022) for amendment of original special leave petition stands allowed.

Digitally signed by DEEPAK SINGH Date: 2022.10.11 17:14:12 IST Reason: The argument which is raised by the petitioner is that the High Court erred in ruling that an appeal is not maintainable against the order of the District Collector passed under  2 Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013. This is for the reason that Rule 82 of the said Rules does not provide for an appeal against the order which is involved in this case.

When the Court pointed out the decision of this Court in Fulchand Bhagwandas Gugale and Another vs. State of Maharashtra and Others, (2005) 1 SCC 193 which incidentally has also been relied by the High Court, the learned counsel for the petitioner would submit that this Court did not notice the presence of the words "or under any other law" in Section 247 of the Maharashtra Land Revenue Code, 1966.

Issue notice.

Mr. Nishant Singh, learned counsel appearing on caveat accepts notice on behalf of the respondent No.1.

(JAGDISH KUMAR)                                (RENU KAPOOR)
COURT MASTER (SH)                             ASSISTANT REGISTRAR