Allowed

Raja Khanderao Rangrao Deshmukh v. the Collector Nanded

Bombay HC29 Apr 2010WP/1130/2010

Case brief

AI extract

What is this about?

The High Court held the Collector's refusal to grant permission to excavate sand from private agricultural land as unsustainable. The court quashed the refusal and directed the Collector to accord permission under a specific Government Resolution.

What did the court decide?

Permission to excavate sand under the Government Resolution dated 8/5/2006 is directed to be accorded within three weeks.

Raja Khanderao Rangrao Deshmukh Vs the Collector… — Mining and Natural Resources | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1130 OF 2010

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Raja Khanderao S/o Rangrao Deshmukh } Age : 45 Years, Occ. Agriculture, } R/o : Divsi, Tq. : Bhokar, } Dist. : Nanded. } .... PETITIONER

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V E R S U S

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The Collector, Nanded } District : Naded. } .... RESPONDENT

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Mr. P.V.Mandlik, Sr. Counsel instructed by Mr. Amol Gandhi, Advocate for petitioner. Mr. S.K.Kadam, Assistant Govt. Pleader for State.

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CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ.

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DATE OF JUDGMENT : 29/04/2010

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ORAL JUDGMENT : ( PER – P.V.HARDAS, J.)

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Rule. Rule made returnable forthwith. With the consent of

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the parties, this petition is heard finally at the stage of admission.

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This is a classic instance of the Collector refusing to act in accordance with the resolution issued by the Government. The

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petitioner, who owns his agricultural land, applied to the office of the respondent – Collector for permission to excavate sand which had accumulated in his land. The aforesaid permission can be granted under the Govt. Resolution dated 8/5/2006. The preface to the Govt. Resolution clearly indicates that on account of accumulation of the sand, the land of private individuals have been rendered worthless and, therefore, permission should be granted to the private land owners for excavation of the sand in their land on payment of royalty.

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The application of the petitioner came to be turned down by the respondent - Collector on the ground that at the time of auction of sand, it was decided that no permission would be given for excavation of accumulated sand from private land in this order. We fail to understand as to how the Collector can take a decision contrary to the Govt. policy as is spelt out in the Govt. Resolution dated 8/5/2006. The action of the Collector, therefore, is unsustainable in law and deserves to be quashed and set aside.

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We accordingly allow this petition and direct the Collector, Nanded to accord permission to the petitioner in accordance with the Govt. Resolution dated 8/5/2006. Necessary orders in this behalf be issued by the Collector within three weeks from today. The learned Assistant Govt. Pleader undertakes to communicate this order to the

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respondent – Collector.

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Rule is thus made absolute on the above terms with no

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order as to costs. The parties may act upon copy of this Judgment duly authenticated by Court Shirastedar.

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[ S.V.GANGAPURWALA ] [ P.V.HARDAS ]

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JUDGE

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JUDGE

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knp/WP 1130.10 ( J )

Raja Khanderao Rangrao Deshmukh v. the Collector Nanded

Case brief

What is this about?

What did the court decide?

Raja Khanderao Rangrao Deshmukh v. the Collector Nanded

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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