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2018 Supreme(Bom) 1195

B.P.DHARMADHIKARI, Z.A.HAQ
Wasudeo s/o Kunalikji Wankhede – Appellant
Versus
State of Maharashtra through its Secretary for Revenue and Forest Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri K.A. Kothari
For the Respondents: Shri N.R. Patil

JUDGMENT :

B.P. Dharmadhikari, J.

In all these petitions, common question involving the provisions contained in Sections 48[7] and 48[8] of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as “the MLR Code” for short] and the Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968, hereinafter referred to as “the Rules” framed thereunder, arise for consideration. Other set of Rules with which we are concerned are the Maharashtra Minor Mineral Extraction (Development and Regulation) Amendment Rules, 2013 as amended in 2017. These Rules are referred to as “the 2017 Rules” in this judgment.

2. Shri A.B. Patil and Shri K.A. Kothari, learned Counsel have advanced arguments on behalf of petitioners and Shri N.R. Patil, learned A.G.P. on behalf of respondents has opposed their contentions. With their consent, and considering the controversy placed for consideration, matters are taken up for final disposal. Hence, we issue Rule in all these petitions and make the same returnable forthwith.

3. The bare facts show that the Vehicle Truck belonging to respective petitioners is claimed to be caught while carrying sand illegally. Sand therefore, is seized and





























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