1 wp488.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.488 OF 2006 Suryabhan s/o Bhaurao Salunke, Age: Major, Occ: Agriculture, R/o. At Post. Bhalgaon, Tq. Gangapur Dist.Aurangabad. ...PETITIONER VERSUS 1. The State of Maharashtra, through Secretary, Revenue & Forestry Department, Mantralaya, Mumbai. 2. The Divisional Commissioner, Aurangabad Division, Aurangabad. 3. The Collector, Aurangabad. 4. The Tahasildar, Gangapur, District Aurangabad. 5. Senior Geologist, Ground water survey and Development agency, Collectorate office, Aurangabad....RESPONDENTS ... Mr. M.R. Sonawane, Advocate for petitioner. Mr. P.P. More, A.G.P. for respondents. ... CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 17TH MARCH, 2011 2 wp488.06 PER COURT : This petition has been filed by the petitioner who claims to be affected by the excavation of sand from the river bed of Shivana river. The petitioner has sought direction against the respondents to take coercive action to stop the illegal excavation of sand from the bed of that river, which is within area of village Tandulwadi, Uttarwadi, Bolthan, and Bhalgaon. The contention of the petitioner is that the river bed is near the source of the public water supply and if the excavation of sand is allowed to proceed unhindered by the respondents, water supply to these villages will be affected. 2. In our view, the petition can be disposed of in view of the policy which has been framed by the State Government, which is recorded in Government Resolution dated 25th October, 2010. That policy has been noted by the Division Bench of this Court in Writ Petition No.4830 of 2010. 3 wp488.06 While disposing of that writ petition on 26th October, 2010, the Division Bench has noted the contents of the policy and issued some further directioins. In these circumstances, in our opinion, the petition has become infructuous and is, therefore, dismissed. Rule discharged. 3. We hope, however, that the respondents will comply with the policy and judgment of this Court while curtailing illegal excavation of sand from bed of Shivna river. [S.S. SHINDE, J.] [SMT. NISHITA MHATRE, J.] sut/Mar11/wp488.06