1 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1051 OF 2010 Grampanchayat Balgi. ...Petitioner vs. 1.The State of Maharashtra & ors. ...Respondents --- Mr.S.M.Sabrad, for Petitioner. Mr.P.P.Kakade, AGP for Respondents. --- CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 8TH FEBRUARY,2010 P.C. : 1. The petitioner which is a village panchayat of Village Balagi, by this petition challenges the notice issued by the Collector dated 25.1.2010 for holding auction for extraction of sand from River Bhima near Village Balgi. According to the 2 petitioner, the Government has issued Circular dated 4.8.2009 stating that if the Gramsabha opposes grant of contract for extraction of sand from any river in the village then extraction of the sand from the river should not be permitted. The petitioner relies on the Resolution of Gramsabha dated 1.12.2009 to say that holding of the proposed auction pursuant to notice dated 25.1.2010 is contrary to that Resolution. Perusal of the Resolution dated 1.12.2009 however shows that there is no objection of the Gramsabha to the extraction of sand as such. The objection is to the road by which the sand extracted from the river is to be carried or transported. Therefore, we asked the learned Counsel appearing for petitioner that as to whether after notice dated 25.1.2010 was published, whether the petitioner has made inquiry with the Collector to find out whether after granting of contract the sand would be carried by the same road or by any alternate route. The learned Counsel stated that there is no averment in the petition to that effect. In our opinion, it is for the petitioner to approach 3 the Collector to find out whether the sand extracted from the river is to be carried by the same road or some other alternate road, without that information one cannot reach the conclusion that holding of auction pursuant to notice dated 25.1.2010 is contrary to the Gramsabha Resolution. The petition is, therefore, rejected. (D.K.DESHMUKH,J.) (A.R.JOSHI,J.)