Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 12702 (BOM)

M/S. KRANTI STONE METAL THR. ITS PARTNER AND ANR v. THE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT AND ORS

WP/12233/2026 · 2026-09-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12232 OF 2026 Shri. Sharad Haribhau Fadol And Anr. .. Petitioners Vs. The State of Maharashtra Thr. Its Principal Secretary Revenue and Forest Department & Ors .. Respondents WITH WRIT PETITION NO. 12233 OF 2026 M/s. Kranti Stone Metal Thr.Its Partner & Anr. .. Petitioners Vs. The State of Maharashtra Thr. Its Principal Secretary Revenue and Forest Department & Ors .. Respondents WITH WRIT PETITION NO. 12509 OF 2026 Bharat Motiram Navale & Ors .. Petitioners Vs. The State of Maharashtra Thr. Its Principal Secretary Revenue and Forest Department & Ors .. Respondents 1/6 901.WP.12232.2026.doc Sufiyan Syed - PA SUFIYAN EHTESHAM SYED Digitally signed by SUFIYAN EHTESHAM SYED Date: 2026.09.30 17:29:01 +0530 WITH WRIT PETITION NO. 12505 OF 2026 F C Rodrigues .. Petitioners Vs. District Collector Nashik & anr. .. Respondents WITH WRIT PETITION NO. 12504 OF 2026 Joy Metal Stone Industrie .. Petitioners Vs. District Collector Nashik & anr. .. Respondents WITH WRIT PETITION NO. 12234 OF 2026 Shivshambho Infraprojects Private Limited & Anr .. Petitioners Vs. The State of Maharashtra Thr. Its Principal Secretary Revenue and Forest Department & Ors .. Respondents Adv. Anil Sakhre, Sr. Advocate i/b. Adv. Sushant Anand Valimbe a/w Adv. Revati Alhat, Adv. Vidang Shirawale, for Petitioners in WP No. 12232/2026, WP No. 12232/2026 and WP No. 12509/2026. Adv. Piyush Sachin Koshire a/w Adv. Shivraj Dubele a/w Adv. Pushkar Nikam, for Petitioners in WP No. 12504/2026 and WP No. 12505/2026. 2/6 901.WP.12232.2026.doc Sufiyan Syed - PA Adv. Jitendra Jagtap, for Respondents-MPCB, in WP No. 12232/2026, WP No. 12232/2026 and WP No. 12509/2026, for Respondent No. 8 and in WP No. 12505/2026 and WP No. 12504/2026, for Respondent No. 3. Adv. Ajinkya Badar, for Respondent-MSED, in all Petitions. A. I. Patel, Addl. GP a/w Ms. Mamta S. Srivastava, AGP for the State in WP No. 12232/2026, WP No. 12232/2026. A. A. Nadkarni, AGP for the State in WP No. 12509 of 2026. S. S. Jadhav, AGP for the State in WP No. 12505 of 2026. A. C. Bhadang, AGP for the State in WP No. 12504 of 2026. Adv. Anil Sakhre, Sr. Advocate i/b. Adv. Sushant Anand Valimbe a/w Adv. Revati Alhat, Adv. Vidang Shirawale, for Petitioners in WP No. 12234 of 2026. Adv. Jitendra Jagtap, for Respondent No. 8-MPCB in WP No. 12234 of 2026. A. I. Patel a/w Ms. Mamta S. Srivastava, AGP for the State in WP No. 12234 of 2026. CORAM : ARUN R. PEDNEKER, J. Date : 29th SEPTEMBER 2026 P.C. : 1. Heard learned counsel for the parties. 2. The brief facts necessary for adjudication of the present matter is noted. 3. That the Collector, in exercise of the powers under the Mines and Minerals (Development and Regulation) Act, 1957, read with the Rules framed under Section 15 of the said Act, suspended the license for excavation of minor minerals by order dated 27.05.2026. The said order has been challenged before the Additional Commissioner in an appeal, which is pending consideration. 3/6 901.WP.12232.2026.doc Sufiyan Syed - PA 4. It is submitted that, independently thereof, the Tahsildar has issued directions to disconnect electricity of stone crushing and sealing of the same, which is impugned herein. In particular, by order dated 26.06.2026, the Tahsildar directed the MSEB Executive Engineer to disconnect the electricity connections of 49 stone crushers situated in various survey numbers. 5. The present Petitions are filed by the owners of the stone crushers situated on - Survey Nos. 184/3 of Village Sarul in Writ Petition No. 12232 of 2026, Survey Nos. 186/1 and 186/2 of Village Sarul in Writ Petition No. 12233 of 2026, Survey Nos. 36/3 and 128 of Village Sarul in Writ Petition No. 12509 of 2026, Survey Nos. 4/1/A/1 of Village Rajur Bahula in Writ Petition No. 12505 of 2026, Survey Nos. 32/05 of Village Sarul in Writ Petition No. 12504 of 2026 and Survey Nos. 146 and 4/1/1/1 of Village Sarul in Writ Petition No. 12234 of 2026. 6. Learned Counsel appearing for the Petitioners submits that no notice was issued to them before disconnecting the electricity supply to the stone crushers or before sealing of the equipments. The learned Counsel further submits that the Petitioners have no connection whatsoever with the suspension of the mining lease in Gut No. 139/1, as they procure stones for crushing from other Gut Nos. in respect of which valid mining leases are in 4/6 901.WP.12232.2026.doc Sufiyan Syed - PA force. 7. Learned Counsel submits that the order passed by the Tahsildar directing disconnection of the electricity supply to 49 stone crushers is, illegal and has been passed without notice to the Petitioners. The learned Counsel further submits that the Petitioners have obtained NOC from the Pollution Control Board. They also have obtained permission from the Collector for operation of the stone crushers, NA permission for conversion of the land, as well as construction permission from the MMRDA. He submits that the stone crushers have been in operation for more than 10 years with all requisite permissions and that the Petitioners are not violating any provisions of law. 8. The learned AGP, in contrast, submits that there are various violations of the permissions granted. However, the learned AGP does not dispute the factual position that no notice was issued to the Petitioners before the impugned order of the Tahsildar. The action having been taken without notice to the Petitioners, and it being an undisputed fact that the Petitioners have been operating the stone crushers for a long period of time, the least that was expected by the authorities was to issue notice to the Petitioners before initiating any action against the Petitioners. 9. In view of the above, the impugned order dated 26.06.2026, insofar as 5/6 901.WP.12232.2026.doc Sufiyan Syed - PA it pertains to the present Writ Petitions, along with the consequential action of disconnection of electricity by the Electricity Department and the sealing of the stone crushers, is hereby quashed and set aside. Electric connection shall be restored and the stone crushers be de-sealed forthwith. 10. However, the matter is remitted back to the concerned Tahsildar. The parties shall suo motu appear before the Tahsildar. The concerned Tahsildar shall give the Petitioners an opportunity of hearing on 7th October 2026 at 3:00 p.m. The concerned Tahsildar shall issue appropriate notice to the parties on the said date. Reply, if any, shall be filed by 12th October 2026, and a decision thereon be taken. 11. All contentions of the parties, including the issue of the jurisdiction of the Tahsildar to exercise such powers, are kept open. 12. With the above observations, all the Writ Petitions stand disposed of. (ARUN R. PEDNEKER, J.) 6/6 901.WP.12232.2026.doc Sufiyan Syed - PA