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2021 Supreme(Bom) 1325

SUNIL B.SHUKRE, ANIL S.KILOR
Prafulla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A. J. Gilda, Advocate, N. R. Patil, Advocate

JUDGMENT

Sunil B. Shukre, J. - Heard Mr. A. J. Gilda, learned counsel for the petitioner and Mr. N. R. Patil, learned AGP for respondents.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. The petitioner, a holder of lease for mining Manganese Ore available in a parcel of land admeasuring 30.82 acres situated at Hiwara, Tahsil Bhandara, District Bhandara since the year 1971, faced an order passed on 31/03/2021 by respondent No.2 declaring that his mining lease had lapsed on account of failure to commence the mining operations within a stipulated period of two years from the date of the execution of the mining lease. The mining lease was executed in favour of the petitioner on 25/02/2011, initially for a period of three years and lateron, by the order passed by respondent No.2 on 29/06/2018, it was extended till 18/11/2021. But, before the expiry of the lease period, an order recording lapsing of the lease was passed on 31/03/2021. Realizing the serious consequences of the order dated 31/03/2021, the petitioner filed an application dated 08/04/2021, seeking revival of the mining lease and as it was not decided by the

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