1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1068 OF 2010 (M/s. Royal Pottery Ceramics Industries vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 07, 2010. Heard Shri Chandurkar, learned counsel for petitioner who requested the Court to pass over the matter. This Court has granted said request on 2 – 3 occasions and thereafter the matter was not taken up. Hence, the request is rejected and the matter is heard. The prayer in suit filed by the petitioner is to restrain the respondents from interfering with its mining work. Similar relief was also sought in temporary injunction. Suit has been valued at Rs.1,000/- and accordingly Court fee has been paid. The trial Court has found that prima facie, the suit land is forest land and hence no mining activity can be permitted on it. Mrs. Deshpande, learned AGP for respondent No.1 as also Shri S.R. Deshpande, learned counsel for respondents No. 2 & 3 are supporting the impugned order. The question in dispute is whether the suit 2 land is forest land or not. It is apparent that if interim relief is granted and later on suit is dismissed, the so called forest land would have by then suffered the irreversible and irreparable loss. If interim relief is not granted and later on suit is decreed, the petitioner – plaintiff will only suffer monetary loss which he can always recover from the respondents. In this background, I have perused the order passed by the Civil Judge, Senior Division, Chandrapur, on 30.10.2009 and also the appellate order dated 25.11.2009 passed by the District Judge – 1, Chandrapur. I do not find any jurisdictional error or perversity. In this situation, writ petition is dismissed. However, the proceedings in Regular Civil Suit No. 179 of 2009 are expedited and the trial Court is directed to decide the suit as early as possible and in any case within a period of one year from the date of communication of this order to it. No order as to costs. JUDGE *GS.