The High Court dismissed petitions challenging a mining permission granted in 2012, citing laches as no explanation for delay was given. Consequently, the petitions were held without merit.
Petitioners granted liberty to withdraw the deposited amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
16.8WP.1400.14
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1400 OF 2014. (Nandkishor Shivram Dhoble .vs. State of Maharashtra & others) WITH
WRIT PETITION NO. 1484 OF 2014.
(Atmaram Bapurao Khedekar .vs. State of Maharashtra & others)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. G.B. Hemke, Advocate for petitioners, Mr. M.K. Pathan, A.G.P. for respondent nos. 1 to 3.
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ. DATED : AUGUST 16, 2016.
The petitioners have approached this Court being aggrieved by the orders dated 3.11.2012 & 5.11.2012 vide which permission was granted in favour of respondent no. 4 for extraction of minor mineral.
The perusal of the material placed on record would reveal that the same has been done after objections were received from the villagers vide notification dated 6.10.2012. Undisputedly, the present petitioners had not objected prior to the final orders were passed. Apart from that, though the permission was granted in 2012, the petitions have been filed in 2014. No explanation for inordinate delay in filing the petitions is given. The petitions are, therefore, dismissed.
16.8WP.1400.14
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However, the petitioners are granted liberty to withdraw the amount deposited by them. The Registry shall issue the crossed cheques in favour of the petitioners in both the petitions.
Judge
Judge
J.
16.8WP.1400.14
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C E R T I F I C A T E
“I certify that this Order uploaded is a true and correct copy of original signed Order”.
Uploaded by : Ki. Jeswani, Uploaded on : 18.8.2016.
Nandkishor Shivram Dhoble
Atmaram Bapurao Khedekar
State of Maharashtra
B.R. Gavai
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
