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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

CIVIL WRIT PETITION NO.7128/2016

PETITIONER : M/s Ajanta Minerals, a registered Partnership

firm, bearing Registration No.NGP-10960/

2008-09, through its Managing Partner :

Shri Rajendra Purushottam Tank,

aged 52 years, Registered office at 16,

Indira Devi Town, Wathoda, Nagpur.

...VERSUS...

RESPONDENTS : 1. The State of Maharashtra, through

its Secretary, Department of

Industries, Energy and Labour,

Mantralaya, Mumbai 400 032.

INTERVENER

2. Gulam Ashi S/o Daud Khan Pathan

Aged about 49 years, Occu.

Proprietor Ajanta Minerals, R/o

Ambedkar Ward, Tah. Kurkheda,

Distt. Gadchiroli – 441209.

(Added as per court'

s order Dt. 22.1.18)

(Amendment Carried out as per

Court'

s order dtd. 22/01/18)

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Mr. Ram S. Parsodkar, Advocate for petitioner

Mr. Neeraj R. Patil, AGP for respondent no.1

Mr. Arjun Vinod Bobde, Advocate with Mr. Sarthak Bhatia with Ms Shubhangi

Ajay Jadhao and Ms Sarina Shaikh, Advocates for respondent no.2

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CORAM : SUNIL B. SHUKRE AND

AVINASH G. GHAROTE, JJ.

Judgment reserved on

: 09/03/2021

Judgment pronounced on : 25/03/2021

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J U D G M E N T : (PER : AVINASH G. GHAROTE, J.)

1.

The petition as initially filed, sought a direction to the

respondent no.1 to take a decision forthwith in respect of grant of

mining lease and its execution before 11/1/2017 in favour of the

petitioner – M/s Ajanta Minerals, a registered partnership Firm. The

proceedings before the State Government came to be decided by the

impugned order dated 8/6/2017, whereby, the Minister Industries,

Mining State of Maharashtra, in exercise of the power conferred

upon the State Government by Section 10-A (2) (c) of the Mines

and Minerals (Development and Regulation) Act, 1957 (for short,

“The MMDR Act, 1957, hereinafter), and Rule 8 (2) of the Minerals

(Other Than Atomic And Hydrocarbons Energy Minerals)

Concession Rules, 2016 (for short, “the MC Rules, 2016”,

hereinafter), has decided that M/s Ajanta Minerals a proprietary

Firm, is entitled for grant of mining lease over an area of 65

hectares in village Sohale, Tq. Korchi, District Gadchiroli, subject to

the result of the present petition, consequent to which the petition

has been amended to challenge the order dated 8/6/2017. Further

direction has been sought to conduct an enquiry through the CID to

investigate in respect of prospecting license of M/s Ajanta Minerals,

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dated 10/10/2005, which is claimed to be in custody of the

respondent no.2.

2.

The following position is not disputed :-

(A) That M/s Ajanta Minerals, was the proprietary

concern of the respondent no.2, who had applied for its registration

as a proprietary Firm on 13/11/1995, and was accordingly granted

a provisional certificate of registration as a proprietary Firm.

(B) The respondent no.2 as a proprietor of “Ajanta

Minerals” had applied for prospecting license on 9/12/1998.

(C) The Grampanchayat had granted NOC/

permission for mining the land in favour of the proprietorship

concern on 5/10/1999.

(D) All communications till 31/12/2004, in respect of

the prospecting license in favour of M/s Ajanta Minerals a

proprietary concern, were between the various authorities and the

respondent no.2 alone.

3.

Mr. Ram Parsodkar, learned Counsel for the petitioner

takes exception to the finding as rendered in the impugned order,

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that it is the proprietary Firm M/s Ajanta Minerals and not a

partnership Firm Ajanta Minerals, who is entitled for grant of

mining lease.

4.

It is the contention of Mr. Ram Parsodkar, learned

Counsel for the petit