Bombay High Court
Kadir S/O Kismetulla Sheikh vs The State Of Maharashtra Dept. Of ... on 12 July, 2016
Bench: Z.A. Haq
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Writ Petition No. 3453 of 2016
Petitioner : Kadir son of Kismetulla Sheikh, aged about
50 years, Occupation: Proprietor of M/s Kadir
Traders, resident of Rajguru Ward, Bhandara
igversus
Respondents : 1) The State of Maharashtra, Department
of revenue and Forests, Mantralaya,
Mumbai-400032
2) The Collector, Bhandara
3) The Tahsildar, Mohadi, Dist. Bhandara
Shri S. K. Mishra, Senior Advocate and Shri K. Deogade, Advocate with him
for petitioner
Shri K. R. Lule, Assistant Government Pleader for respondents
Coram : Z. A. Haq, J
Dated : 12th July 2016
Oral Judgment
1. Heard Shri S. K. Mishra, Senior Advocate assisted by Shri K.
Deogade, Advocate for petitioner and Shri K. R. Lule, Assistant Government
Pleader for respondents.
2. Rule. Rule made returnable forthwith.
3. In an auction conducted by the respondents, Betala-B sand ghat
was allotted to the petitioner, he being the highest bidder and as per lease
agreement executed on 11 th February 2016, petitioner was permitted to
excavate sand to the extent of 23,852 brass, during the period from 11 th
February 2016 to 30th September 2016. The petitioner is aggrieved by the
communication dated 6th June 2016 issued by the respondent-Tahsildar
calling upon to close down operation at Betala-B sand ghat immediately.
4. According to the respondents, during visit of the officers to the
sand ghat on 22nd May 2016, it was noticed that the petitioner was not
complying with the conditions of allotment agreement and, therefore,
panchanama was drawn and a show-cause dated 6 th June 2016 is issued to
the petitioner. The show-cause notice is jointly issued to the petitioner and
M/s Kinza Group through its Proprietor, Asad Numan Patel (petitioner in
Writ Petition No. 3606 of 2016). The show-cause notice states that
approximately 3003 brass of sand is excavated from Betala-B sand ghat and
it is stocked along with 8368 brass of sand excavated from Betala-A sand
ghat. It is stated that 36056.39 brass sand is found on the spot. The show-
cause notice states that the present petitioner and M/s Kinza Group are
entitled to excavate 39,753 brass of sand from Betala-A and Betala-B sand
ghats, however, they have excavated 47,427.39 brass i.e. 7674.39 brass of
sand more than the permissible limit. The petitioner was called upon to
give explanation within three days.
5. In response to the notice issued by this Court, the respondent
no. 2-Collector has filed reply. In paragraph no. 6 of the reply, it is stated
that the petitioner is permitted to excavate 23852 brass of sand, till 5 th June
2016 the petitioner has excavated 3003 brass of sand and he is entitled to
lift 20849 brass sand more.
The learned Senior Advocate representing the petitioner states
that the petitioner is claiming the same thing that he is entitled to lift 20849
brass sand from Betala-B sand ghat.
6. In view of the above, the following order is passed :-
(1) The impugned notice dated 6th June, 2016 (Annexure-F) and
the impugned order dated 6th June, 2016 (Annexure-G) are quashed.
(2) It is held that the petitioner is entitled to lift 20,849 brass sand
more from Betala-B sand ghat.
(3) The respondents are at liberty to supervise the operations of the
petitioner at Betala-B sand ghat. This order should not be misconstrued to
mean that the petitioner is permitted to breach any conditions of the
allotment agreement.
(4) The petition is allowed in the above terms. In the
circumstances, the parties to bear their own costs.
Z. A. HAQ, J
joshi
