Bombay High Court
Asad S/O Numan Patel vs The State Of Maharashtra, ... on 12 July, 2016
Bench: Z.A. Haq
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Writ Petition No. 3606 of 2016
Petitioner : Asad Numan Patel, aged about 25 years,
Occ: business, resident of Jamnalal Bajaj
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-A sand
ghat was allotted to the petitioner, he being the highest bidder and as per
lease agreement executed on 28th January, 2016, petitioner was permitted to
excavate sand to the extent of 15,901 brass, during the period from 28 th
January 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-A 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 M/s Kinza Group
of which the petitioner is proprietor and to M/s Kadir Traders (petitioner in
Writ Petition No. 3453 of 2016). The show-cause states that approximately
8368 brass of sand is excavated from Betala-A sand ghat and it is stocked
along with 3003 brass of sand excavated from Betala-B sand ghat. It is stated
that 36056.39 brass sand is found on the spot. The show-cause notice states
that the limit permitted for excavation of said from Betala-A and Betala-B
sand ghat is 39,753 brass, however, the petitioner and M/s Kadir Traders
have excavated 47,427.39 brass sand and it is 7674.39 brass more than the
permissible limit. The petitioner and M/s Kadir Traders were 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 filed in
connected Writ Petition No. 3453 of 2016, it is stated that the petitioner is
permitted to excavate 15,901 brass of sand, till 5 th June 2016 the petitioner
has excavated 8368 brass of sand and he is entitled to lift remaining 7533
brass sand from Betala-A sand ghat.
The learned Senior Advocate representing the petitioner states
that the petitioner is claiming the same thing that he is entitled to lift 7533
brass sand more from Betala-A 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 7533 brass sand
more from Betala-A sand ghat.
(3) The respondents are at liberty to supervise the operations of the
petitioner at Betala-A 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
