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2020 Supreme(Bom) 579

UJJAL BHUYAN
Thakur Stone Quarries – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
N.V. Walawalkar, Advocate, Y.S. Jahagirdar, Advocate, S.M. Sabrad, Advocate, Amey C Sawant, Advocate, S.L. Babar, Advocate, Vineet B Naik, Advocate, Priyanka Bhadrashete, Advocate, N.N. Bhadrashete, Advocate

JUDGMENT

Ujjal Bhuyan, J. - Heard Mr. Walawalkar, learned senior counsel with Mr. S. M. Sabrad and Mr. Amey Sawant, learned counsel for the petitioner; Mr. S. L. Babar, learned AGP for respondent Nos.1 to 3-State; and Mr. Vineet B. Naik, learned senior counsel with Ms. Priyanka Badrashete instructed by Mr. N. N. Bhadrashete, learned counsel for respondent Nos.4(a) and 4(b).

    2. By filing this petition under Articles 226 and 227 of the Constitution of India, petitioner seeks quashing of order dated 27.12.2018 passed by the Additional Commissioner, Konkan Division, Mumbai i.e. respondent No.3 in Appeal/Desk/MNL/756/2018 and further to dismiss the said appeal filed by respondent No.4.

      3. Be it stated that by the said order dated 27.12.2018, respondent No.3 as the appellate authority had allowed the appeal filed by respondent No.4 as the appellant under Section 247 of the Maharashtra Land Revenue Code, 1966 read with Rule 82 of the Maharashtra Minor Minerals Extraction (Development and Regulation) Rules, 2013 setting aside the order dated 21.10.2016 passed by the Collector, Thane i.e. respondent No.2 granting mining lease to the petitioner.

        4. Facts presented before the Court by both pet

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