1 904.J.wp.4177.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 4177 OF 20 24 Chandrashekhar Shatrughna Ganvir, age : 57 years, Occ. Agriculturist, r/o Khadgaon, Tq. Nagpur Gramin, Dist. Nagpur. ... PETITIONER VERSUS 1. State of Maharashtra, through its Chief Secretary, Revenue Department, Mantralaya, Mumbai – 32. 2. Collector, Nagpur. 3. District Mining Officer, Nagpur. 4. Dy. Director of Bhu Vigyan and Directorate of Mining, Khanij Bhawan, Shakar Nagar square, Shivaji Nagar, Nagpur. 5. Tahsildar, Nagpur Rural, Nagpur. 6. Mohini Vijayrao Naik, Age : 50 years, Occ. Housewife, r/o Khadgaon, Tq. Nagpur, Rural Nagpur, Grampanchayat, Khadgaon, Dist. Nagpur. 7. Vijay Manohar Naik, Age : 35 years, Occ. Business, r/o Khadgaon, Tq. Nagpur, Rural Nagpur, Grampanchayat Khadgaon, Dist. Nagpur. 8. Tejas Vijay Naik, Age : 35 years, Occ. 2025:BHC-NAG:6024-DB 2 904.J.wp.4177.2024.odt Business, r/o Khadgaon, Tq. Nagpur, Rural Nagpur, Grampanchayat Khadgaon, Dist. Nagpur … RESPONDENTS _____________________________________________________________ Shri Nitin B. Bargat, Advocate for the petitioner. Ms. S.V. Kolhe, Assistant Government Pleader for respondent nos. 1 to 5. Shri S.P. Kshirsagar, Advocate for respondent nos. 6 to 8. ______________________________________________________________ CORAM : SMT. M.S. JAWALKAR AND PRAVIN S. PATIL, J J. DATE : 26.06.2025. ORAL JUDGMENT : (Per : Pravin S. Patil, J.) Heard. RULE. Rule is made returnable forthwith. 2. The matter is taken up for final disposal by consent of the parties. 3. By this petition, the petitioner seeks direction to respondent nos. 1 to 8 to remove water from the Mine situated at Mauza Khadgaon, Nagpur (Rural), Survey No.225/1 Area 1.56 HR for E.T.S. measurement. He further prays for direction to respondent nos. 1 to 8 to close the said mine since the same is hazardous and causing injury to the health and life of inhabitants of village Khadgaon. 3 904.J.wp.4177.2024.odt 4. Per contra, learned Assistant Government Pleader for respondent nos. 1 to 5 submits that the District Mining Officer, Nagpur along with other Officers of Revenue Department, conducted Spot Inspection in presence of the petitioner and respondent no.8. As per the said Spot Inspection, the lease of mining work was lastly existing for a period i.e. from 14.12.2017 to 13.12.2022. After that there is no extension to lease. It is stated in the report that, work of mining is closed since 13.12.2022. It is further pointed out that there was compromise between the petitioner and respondent no.8 and the same was communicated to the District Mining Officer on 15.05.2024. This submission is not disputed either by the petitioner nor by respondent no.8. 5. It is submitted by the respondent no.8 that the Secretary of Gram Panchayat informed the Tahsildar, Nagpur Rural, Nagpur by his communication dated 21.10.2022 that, the land, which is the subject matter of the petition, was provisionally granted on lease to the respondent no. 8 on certain terms and conditions. According to the said communication, clause 17 reads thus : “17- xkS.k [kfut mR[kuu gksmu [kMMk IkMY;kl R;kr dPps eVsfj;y Hkj.;kph tckcnkjh vkiyh jkghy- rlsp dks.krkgh vuqfpr izdkj ?kM.kkj ukgh ;kph n{krk ?;koh ykxsy-” 4 904.J.wp.4177.2024.odt 6. The Counsel for respondent nos. 6 to 8 appeared in the matter stated that though by communication dated 21.10.2022, provisional permission has been granted by the Secretary of Gram Panchayat, however actually he is not operating the mine, as some formalities yet not completed in the matter. 7. In the backdrop of abovesaid factual position, it will be expedient to direct respondent no.8 to comply all the terms and conditions, in terms of temporary permission granted in his favour vide communication/order dated 21.10.2022, and more particularly, make compliance of condition No.(16) of it, till the actual work of mining started by him. 8. Accordingly, the petition is disposed of. 9. Rule is made absolute in above terms. No costs. (PRAVIN S. PATIL , J. ) (SMT. M.S. JAWALKAR , J. ) Trupti