Rakesh S/O Liladhar Bhelave vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 7886 Bom

                                                        1                              923.WP.4807-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 4807 OF 2022
                                   ( Rakesh S/o Liladhar Bhelave
                                                Vs.
                                    State of Maharashtra & Ors. )

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.R. Ingole, Advocate for the Petitioner.
                                  Ms. Mrunal Barabde, AGP for the Respondents/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 11th AUGUST, 2022.

Heard Mr. Ingole, learned counsel for the petitioner.

2. It is submitted, that what was done was excavation of ordinary earth in the agricultural field by JCB, and therefore, there is no question of any minor minerals being excavated in light of the judgment of this Court in BGR Energy System Ltd., Khaparkheda Vs. Tahsildar, Saoner and others, [2018 (1) Mh.L.J. 332] , and the impugned order dated 11.05.2022 at Annexure-E (page 19), which imposes penalty of Rs. 7,50,000/-, is therefore incorrect in law.

3. Issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 22.08.2022.

2 923.WP.4807-2022.odt

4. Ms. Barabde, learned AGP waives service of notice for the respondents/State.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:11.08.2022 18:40