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2003 Supreme(Bom) 181

C.K.THAKKER, D.Y.CHANDRACHUD
Rajesh Sadanand Patil & others – Appellant
Versus
Additional Collector & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---Rule. Smt. J.S. Pawar, Additional Government Pleader, Mr. R.M. Patne, Mr. C.R. Sonawane, and Mr. P.M. Patil, Assistant Government Pleaders, appear and waive service of notice of Rule on behalf of respondents. In the facts and circumstances, all the petitions were taken for final hearing.

2. In all these petitions, common questions of fact and law have been involved. It is, therefore, appropriate to decide all of them by a common judgment.

3. In the present group of petitions, orders passed by the respondents cancelling all contracts and leases for extraction of sand have been challenged, inter alia on the grounds that the orders are arbitrary, unreasonable and violative of fundamental rights of the petitioners.

4. To appreciate the controversy raised in the petitions, few relevant facts in the first petition being Writ Petition No. 7446 of 2002 may be stated.

5. According to the petitioner, an auction was held for extraction of sand at the spot of Mouje-Tanshi. The petitioner was the highest bidder. His bid was, therefore, accepted. Before the petitioner was put in possession of the said spot, villagers raised certain objections which necessitated the p










































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