1 Wp-4402.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4402 OF 2010 Shri Baban Gahininath Keche. .. Petitioner Vs The State of Maharashtra & Others. .. Respondents -- Shri P.P. Killedar for the Petitioner. Shri Suresh Bhosale, AGP for the Respondents. -- CORAM : A.S.OKA, J. DATE : 14TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the Petitioner and the learned AGP for the Respondents. Taken up for final disposal. 2. The challenge in this Writ Petition is to the order of the Divisional Commissioner dated 26th October, 2009 by which an appeal preferred by the Petitioner for challenging the order dated 17th September, 2007 passed by the Collector has been dismissed. 3. A permission was granted on 23rd March, 2007 to the Petitioner to extract 5058 brass of sand from a particular location from the River Bhima, Taluka – Madha, during the period from 26th March, 2007 to 25th September, 2007. Another order was passed by the Collector on 17th 2 Wp-4402.10 September, 2007 in exercise of powers under Section 48(7) of the Maharashtra Land Revenue Code, 1966 imposing fine on account of unauthorised extraction of 579 brass of sand. On 17th September, 2007, a separate order was passed by the Collector by which permission granted to the Petitioner to extract 5058 brass of sand was cancelled. Against both the orders, an appeal was preferred by the Petitioner which has been dismissed by the impugned order. 4. One of the contentions raised in the petition is that both the orders of the Collector were passed without giving proper opportunity of being heard to the Petitioner. The order impugned takes a note of the said submission. 5. In the order dated 17th September, 2007 by which the permission granted to the petitioner to extract 5058 brass of sand was cancelled, it is recorded that the Petitioner did not file reply to the show cause notice. It appears that before the Appellate Authority, it was argued that the time of only three days was provided to give reply to the show cause notice and therefore, no proper opportunity was granted to the Petitioner. 6. The learned counsel appearing for the Petitioner submits that the orders dated 17th September, 2007 passed by the Collector be set aside and an opportunity be granted to the Petitioner to give reply to the show 3 Wp-4402.10 cause notices. He submitted that till the show cause notices are not decided, the Petitioner will not act on the permission granted 23rd March, 2007 for extraction of the sand. It appears from the order of the Additional Commissioner that time of only three days was available to the Petitioner to give reply. An opportunity deserves to be granted to the Petitioner to give reply to the show cause notices. 7. Hence, I pass the following order:- (a) The impugned orders dated 17th September, 2007 are quashed and set aside. (b) It will be open for the Petitioner to file a reply dealing with the show cause notices on the basis of which both the orders dated 17th September, 2007 were passed within a period of three weeks from today. (c) The Collector will pass a fresh orders on the show cause notices after offering an opportunity of being heard to the Petitioner and after considering the reply and documents filed by the Petitioner. (d) In view of the statement made by the Petitioner, till the show cause notice is heard and appropriate order is 4 Wp-4402.10 passed by the Collector, the Petitioner shall not act upon the order dated 23rd March, 2007 by which permission for extraction of brass of sand was granted. (e) The Collector shall decide the show cause notices and shall pass appropriate order within a period of two months from the date on which the Petitioner files a reply to the show cause notices. (f) All contentions of the Petitioner on merits are kept open. (g) It is obvious that the Collector will pass an order on its own merits without being influenced by setting aside the orders dated 17th September, 2007 by this Court. (h) The Petition is disposed of in above terms. (i) The Collector to act upon an authenticated copy of this order. (A.S.OKA, J) 5 Wp-4402.10