Petitioner challenged an order prohibiting brick manufacturing in forest land. Court observed the petitioner's license expired in 2008 and struck a balance of 10 kilometers round forest land.
Writ petition dismissed with no order as to costs.
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WP259-14
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 259/2014
(MUKUND RAGHUNATHRAO ZODAPE VERSUS THE STATE OF MAH. & OTHERS)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri S.M. Bahirwar, counsel for the petitioner. Shri M.K. Pathan, A.G.P. for the R-1 to 4. Shri Autkar h/f Mrs. B.H. Dangre, counsel for the R-5 & 6.
CORAM : SMT. VASANTI A. NAIK AND
P.R. BORA, JJ.
DATE : SEPTEMBER 8, 2014.
By this petition, the petitioner challenges the order of the Forest Officer, Kalmeshwar dated 09.12.2013 asking the petitioner to stop manufacturing bricks in the forest land or else offence would be registered against the petitioner under the provisions of the Indian Forest Act.
It appears, on hearing the learned counsel for the parties, that the relief sought by the petitioner in the instant petition cannot be granted. The petitioner claims that he is entitled to manufacture bricks in view of the license granted to the petitioner in the year 2004. It appears that the license of the petitioner to manufacture bricks and to run the brick kiln has expired in the year 2008. Admittedly, the land on which the petitioner was manufacturing bricks is situated within a radius of 10 kilometers of the forest land. The petitioner cannot, therefore, effectively challenge the order of the Forest Officer dated 09.12.2013.
Since the petitioner does not have a license to run the brick kiln, the writ petition is dismissed with no order as to costs.
JUDGE JUDGE
APTE
2 issues framed by the court
Whether a writ petition can be granted where the petitioner lacks a valid license to manufacture bricks on forest land.
Whether a petitioner vending manufactured bricks within 10 kilometers of forest land can challenge an order directing them to stop manufacturing.
1 provisions across 1 enactments
Mukund Raghnathrao Zodape
State of Maharashtra
Others
Vasanti A. Naik
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
