1 WP 5112/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5112 OF 2011 Shri Narayan s/o Dattatraya Polawar, Age 41 years, Occ. Agriculturist, r/o. At Amdura, Post Mugat, Tq. Mudkhed, Dist. Nanded. ..PETITIONER VERSUS 1. The State of Maharashtra, Through the Collector/District Mining Officer, Collectorate, Nanded. 2. The Tahsildar, Tahsil Office, Mudkhed, Dist. Nanded. 3. The Circle Officer, Mugat, Tq.Mudkhed, Dist.Nanded. 4. The Regional Officer, Maharashtra Pollution Control Board, Regional Office, Paryawaran Bhavan, Plot No.A-4/1, Chikalthana, MIDC Area, Behind Daily Lokpatra, Jalna Road, AURANGABAD 431 210 5. The Sub Regional Officer, Maharashtra Pollution Control Board, Sub Regional Office, Lahoti Complex, 2nd Floor, Near Shivaji Putla, Nanded. ...RESPONDENTS ... 2 WP 5112/2011 Mr.Sushant C.Yeramwar, Adv., for the petitioner. Mr.K.M.Suryavanshi, AGP for respondent State. ... CORAM: D.B.BHOSALE AND S.B.DESHMUKH, JJ. DATE:July 19th, 2011 ... PER COURT: 1. Heard learned Counsel for the parties. 2. In this writ petition the petitioner has made following prayers: "B) To direct the Respondent No.4 & 5 to consider application of the Petitioner dated 20.4.2011 for consent / authorization for use of Suction Pumps forthwith by issuing appropriate writ, orders, or directions as the case may be. C) To direct the Respondent No.1 by considering necessity as per the report dated 24.1.2011 for use of Suction Pumps without which no sand can be excavated from site of the Petitioner and by considering time period of the contract on the backdrop of facts and circumstances mentioned in the Writ Petition, to compensate the Petitioner by extending reasonable time period to excavate the sand up to the quantity as per contract, i.e. 19780 Brass by issuing appropriate writ, orders, or directions as the case may be. " 3 WP 5112/2011 3. We have perused the writ petition and annexures thereto and, more particularly, the terms and conditions of the agreement entered into by the petitioner dated 22nd Feb.,2011 (Exh.A). Clause 32 of the agreement clearly stipulates that if, for any reason, the petitioner is required to use suction pump in an exceptional case, he can approach the Pollution Control Board and the Environment Department for seeking their opinion/recommendation and then to approach the State Government for permission to use suction pump. 4. We are informed that the petitioner's application to the Pollution Control Board is pending and insofar as the clearance/recommendation of the Environment Department is concerned, learned Counsel for the petitioner, on instructions, submits that the petitioner has yet not approached them. In view thereof, the prayers made in the present writ petition cannot be granted. Hence, the writ petition is dismissed. (S.B.DESHMUKH, J.) (D.B.BHOSALE, J.) ... (agp:5112-11wp)