In a PIL concerning illegal excavation and mineral rights, the petitioner sought reopening of a revenue order. The High Court held there was no case for reopening and disposed of the petition.
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.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 62 OF 2015
Shri Sachin Tanaji Jadhav .. Petitioner Vs. M/s.P.S.K. Infrastructure and Projects Ltd. and ors. .. Respondents
Mr.M.A.Choudhari, for the Petitioner.
Ms.Vijaylakshmi Naidu & Mr.Arindam Pal I/b Augustus Law Chambers, for Respondent No.1. Mr.M.M. Pabale, AGP for Respondents No. 3 to 5 - State.
CORAM : NARESH H. PATIL, CHIEF JUSTICE & M.S.KARNIK, J.
DATE : 21st NOVEMBER, 2018
P.C. :
This Petition is pending since last 3 years. The
Petitioner claims to be a neighbouring farmer and a public spirited person residing in the village where excavation took place. It is the Petitioner's allegation that the Respondent No.1 flouted the rule and could not pay quarry charges and illegally excavated minerals.
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that the Revenue Officer conducted inquiry and passed order directing payment of penalty against Respondent No.1. The Appeal was preferred and matter came to be remanded by the Appellate Authority. On remand, he submitted that by order dated 05/05/2016, order passed on 02/06/2014 came be cancelled.
submits that the cancellation order is wrong and excavation was done individually and therefore matter needs to be reopened in the PIL filed by the Petitioner in view of the developments which have taken place.
(M.S.KARNIK, J.) (CHIEF JUSTICE)
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1 issue framed by the court
Whether the High Court in its extraordinary writ jurisdiction should reopen orders passed by the Revenue Authority.
Shri Sachin Tanaji Jadhav
M/s.P.S.K. Infrastructure and Projects Ltd.
NARESH H. PATIL
M.S. KARNIK
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
