- 1 - 4636 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4636 OF 2011 Mukesh Stone Crushing Company a Partnership firm through their partners namely 1) Rajendraprasad M.Singh & ors .. Petitioners vs The State Government of Maharashtra & ors .. Respondents Mr. U.S.R.Singh for petitioners Mr. R.P.Behere A.G.P. for Respondents No.1 and 2 Mr. D.R.Shah for Respondent No.3 (Union of India) CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J DATE: 6 July 2011 P.C. Rule. Rule made returnable forthwith. Mr. R.P.Behere learned A.G.P. waives service for respondent No.1-State & respondent No.2. Mr.D.R.Shah waives service for respondent No. 3. 1. What is challenged in this petition filed under Article 226 of the Constitution of India is the communication dated 6 June 2011 of the Deputy Conservator of Forests, Thane Division, Thane directing the petitioner to stop the business of extracting minor minerals (stone - 2 - 4636 quarry) from the land in question in survey No.218/B of village Shil, Taluka and District Thane. 2. Learned counsel for the petitioner stated on the basis of the averments made in paragraph 9 of the petition that no notice of hearing was given to the petitioner-firm and that the impugned order has been passed. The learned counsel also sought to raise various other contentions. 3. Mr.R.P.Behere learned A.G.P. does not dispute the above assertions made on behalf of the petitioner-firm that no show cause notice or opportunity of hearing was given to the petitioner before taking the impugned decision. 4. In view of the above, it is clear that the impugned decision dated 6 June 2011 passed by the Deputy Conservator of Forests, Thane Division, Thane is in violation of the principles of natural justice. On this short ground alone the impugned order is liable to be set aside. 5. It is therefore, not necessary to go into the other contentions sought to be raised by the learned counsel for the petitioners. The impugned communication dated 6 June 2011 conveying to the petitioner the decision to stop extracting minor minerals (stone quarry) from the land in question being survey No.218/B of village Shil, Taluka and District Thane is set aside. The respondents will however, be at liberty to take an appropriate decision in accordance with law after giving the petitioner-firm a show cause notice and - 3 - 4636 opportunity of hearing. Petition is accordingly disposed of. CHIEF JUSTICE GIRISH GODBOLE, J