pil3.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.3 OF 2011 Mukundrao s/o Shyamrao Nannaware .. PETITIONER VERSUS District Collector, Jalgaon & another .. RESPONDENTS Mr. L.V. Sangit, advocate for the petitioner. Mr. P.P. More, AGP for the State. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 3 rd FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This petition in the nature of public interest basically challenges the procedure adopted for conducting auction of sand blocks. It is contended by the petitioner that the procedure adopted for auction of sand blocks was not proper and in accordance with the the guidelines laid down by the pil3.11 2 Government Resolution dated 25 th October, 2010. 3 Learned counsel for the petitioner invited our attention to the condition nos. 3, 4, 4B, 4E, 5 and 6 in the Government Resolution to submit that the concerned authority did not either follow the procedure or complied with those conditions while conducting the auction. The condition no. 3 provides for recommendation of Gram Sabha, condition no. 4 provides for geological survey, condition no. 4-B provides for a report of the Senior Geologist, condition no. 4-E is in respect of no objection from the Environment Department, condition no. 5 provides for fixing of upset prices and condition no. 6 provides that the bidder should have PAN and TIN numbers. On the last date of hearing, this court had directed the Collector to examine the entire record and verify whether compliance of the conditions laid down in the Government Resolution dated 25 th October, 2010 was made by the concerned authority while conducting the auction of sand blocks. The District Collector, Jalgaon has filed affidavit stating that he has examined the entire record and personally verified the compliance made by the concerned authority while conducting the auction of the sand blocks. He has made reference to each of the conditions which were pil3.11 3 objected to by the petitioner stating that compliance in respect thereof was also made before conducting the auction. After having perused the affidavit of the Collector, we are satisfied that compliance of the conditions, contemplated by the Government Resolution, was made while conducting the auction. The learned counsel for the petitioner could not and did not dispute the statements made in the affidavit. In view thereof, we are satisfied that nothing further survives in the petition. The writ petition is disposed of. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb