Bombay High Court
M/S Shinde Developers Pvt. Ltd. The ... vs State Of Maharashtra, In The Ministry Of ... on 9 July, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.7295 of 2017
Along with
Writ Petition No.6559 of 2017
Writ Petition No.6560 of 2017
Writ Petition No.6561 of 2017
Writ Petition No.6562 of 2017
Writ Petition No.6563 of 2017
Writ Petition No.6564 of 2017
Writ Petition No,6565 of 2017
Writ Petition No.6566 of 2017
Writ Petition No.7026 of 2017
Writ Petition No.7122 of 2017
Writ Petition No.7296 of 2017
Writ Petition No.7297 of 2017
Writ Petition No.7298 of 2017
Writ Petition No.7299 of 2017
Writ Petition No.7307 of 2017
Writ Petition No.7308 of 2017
Writ Petition No.7338 of 2017
Writ Petition No.7295 of 2017 :
Roshan s/o Kishor Baseriya,
Aged 28 years,
Occupation - Business,
R/o Morbagh, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
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2. District Collector,
Amravati. ... Respondents
Writ Petition No.6559 of 2017 :
M/s. Maharashtra Infra Structure Co.,
through its partner - Nasir Yusuf Khan,
Aged 46 years,
Occupation - Business,
R/o Rizvi Colony,
Court - Z.P. Road, Camp,
Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
Writ Petition No.6560 of 2017 :
Shri Arun s/o Damadaji Padole,
Aged 40 years,
Occupation - Business,
R/o Near Water Tank,
Wadapura, Amravati. ... Petitioner
Versus
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1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. District Mining Officer,
District Collectorate, Amravati.
4. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
Writ Petition No.6561 of 2017 :
M/s. Chourasia Stone Industries,
through its Proprietor,
Shri Nilesh s/o Devidayal Chourasia,
Aged 44 years,
Occupation - Business,
R/o Chaprashipura,
Camp, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
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Writ Petition No.6562 of 2017 :
Balkrishna Ramaji Mudholkar,
Aged 67 years,
Occupation - Business,
R/o Near Water Tank,
Wadapura, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
Writ Petition No.6563 of 2017 :
Ashok Gokulprasad Baseriya,
Aged 60 years,
Occupation - Business,
R/o Morbag, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
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2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
Writ Petition No.6564 of 2017 :
Shri Sanket s/o Shashikant Bhamkar,
Aged 27 years,
Occupation - Business,
R/o "Vatsalya", 38, Radha Nagar,
Amravati-444603. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati. ... Respondents
Writ Petition No.6565 of 2017 :
M/s. Chourasia Stone Industries,
through its Proprietor,
Shri Nilesh s/o Devidayal Chourasia,
Aged 44 years,
Occupation - Business,
R/o Chaprashipura,
Camp, Amravati. ... Petitioner
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Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
Writ Petition No.6566 of 2017 :
Jugalkishor s/o Vallabhdas Malani,
Aged 52 years,
Occupation - Business,
R/o Ganediwal Lay-out,
Bhagya Nagar, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati.
3. Tehsildar, Amravati,
Tah. and District Amravati. ... Respondents
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Writ Petition No.7026 of 2017 :
M/s. Yashraj Mining Enterprises,
A Partnership Firm,
through its partners,
1) Shri Rajendra s/o Maganlal Malviya,
Aged 38 years,
Occupation - Business.
2. Shri Shirish s/o Ashok Malviya,
Aged 34 years,
Occupation - Business.
C/o Maa Renuka Auto Parts,
Nehru Nagar, Dharni,
Tehsil Dharni,
District Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7122 of 2017 :
Shri Rajesh s/o Mathuradas Patel,
Aged 45 years,
Occupation - Business,
R/o Kalamkhar, Tehsil Dharni,
Dist. Amravati. ... Petitioner
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Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7296 of 2017 :
Rajkumar s/o Lahorimal Khatri,
Aged 52 years,
Occupation - Business,
R/o Nasikkar Plot, Chatri Talao Road,
Deshna Nagar, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7297 of 2017 :
Bhimandas s/o Lahorimal Khatri,
Aged 59 years,
Occupation - Business,
R/o Nasikkar Plot,
Chatri Talao Road,
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Deshna Nagar, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7298 of 2017 :
Ashok s/o Shyamlalji Kedia,
Aged 59 years,
Occupation - Business,
R/o 12/1, Lokmanya Colony,
Camp, Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7299 of 2017 :
Shri Damjibai s/o Khodabai Patel,
Aged 47 years,
Occupation - Business,
R/o. Pimpalkheda, Post Karajgaon,
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Tehsil Warud, District Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7307 of 2017 :
M/s. Yogiraj Stone Crusher,
through its Proprietor,
Shri Nilesh Abhimanyu Magarde,
Aged 35 years, Occupation - Business,
R/o Wathoda, Tah. Warud,
District Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7308 of 2017 :
Shri Subhash s/o Natthuji Malpe,
Aged 51 years,
Occupation - Business,
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R/o Krushnarpan Colony,
Warud, Tehsil Warud,
District Amravati. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
Writ Petition No.7338 of 2017 :
M/s. Shinde Developers Pvt. Ltd.,
A Company registered under Companies
Act, 1956,
Having its registered Office at
Plot No.22, Gulmohar Park, ITI Road,
Aundh, Pune,
Through its Authorized Signatory,
Shri Yogesh s/o Manikrao Deshmukh. ... Petitioner
Versus
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai-32,
through its Secretary.
2. District Collector,
Amravati. ... Respondents
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In all writ petitions :
Shri V.S. Kukday, Advocate for Petitioner.
Ms Trupti Udeshi, Assistant Government Pleader for Respondents.
Coram : R.K. Deshpande & Arun D. Upadhye, JJ.
th Dated : 9 July, 2018 Oral Judgment (Per R.K. Deshpande, J.) :
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The mining leases of the petitioners are either on the threat of cancellation in response to the show cause notices or there are actually orders passed cancelling the mining leases.
Before us, the Collector has tried to justify the action on the basis of the decision of the Apex Court in the case of Jagpal Singh & Ors. v. State of Punjab & Ors., reported in 2011 (11) SCC 396, the Government Resolution dated 12-7-2011, and the amended provision of Section 22A of the Maharashtra Land Revenue Code, ::: Uploaded on - 11/07/2018 ::: Downloaded on - 14/07/2018 01:07:03 ::: 13 wp7295.17+.odt 1966. According to the Collector, the land granted on lease was a Gairan/Gurcharan land, which has to be handed over to the Local Bodies and the lease for mining purposes in respect of it is prohibited.
3. After hearing the learned counsels for the parties, we find that the show cause notices or the orders challenged in all these petitions need to be set aside for the sole reason that there does not seem to be any enquiry conducted as to whether the land granted on lease to the petitioners was actually reserved at any point of time as Gairan/Gurcharan land and shown as such in the revenue record. Some of the petitioners are granted lease in respect of the lands in question in the year 2013, i.e. even after issuance of the Government Resolution, which may create a presumption that the authorities before granting lease have verified whether the grant of lease is in accordance with the provisions relied upon by the Collector before us. Be that as it may, even if no such enquiry was conducted previously, we do not find any impediment in the Collector going ahead with such ::: Uploaded on - 11/07/2018 ::: Downloaded on - 14/07/2018 01:07:03 ::: 14 wp7295.17+.odt enquiry, but the findings have to be based upon some material to be disclosed in the orders or even in the show cause notices.
4. We, therefore, allow all these petitions and quash and set aside the show cause notices as well as the orders cancelling the mining leases, issued to the petitioners. We direct all the petitioners to appear before the Collector on 16-7-2018, on which date the parties shall be given a suitable date for appearance before the Collector. The parties shall also be given an opportunity of being heard in the matter. The revenue record, if any, shall be collected and due enquiry shall be made and thereafter appropriate orders accordingly shall be passed within a period of three months from today. We make it clear that it shall be open for the petitioners to file an application before the Collector for issuance of royalty passes. The Collector shall decide the question of issuing royalty passes to the petitioners on or before 24-7-2018.
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5. Rule is made absolute in the aforesaid terms. No order as to costs.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Lanjewar ::: Uploaded on - 11/07/2018 ::: Downloaded on - 14/07/2018 01:07:03 :::