1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION3927/2009 AND C.A.NO.1156/09 IN W.P.2722/09 Konkan Sand Dredgers & Barge Owners Association & Ors. Petitioners Vs. The State of Maharashtra & Ors. Respondents Mr.Rohit Kapadia Counsel with Mr.Pradip Sancheti counsel with Mrs.Nasima i/b Theba & Association for the petitioner Mr.Shoaib I.Memon Adv.for Res.no.6 Mr.C.R.Sonawane,AGP for the State CORAM : J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATED : 4th May ,2009 P.C. . Heard learned counsel for the parties as well as A.G.P.. We have gone through the order dated 6/4/2009 passed by the Additional Commissioner ,Konkan Division . We are of the opinion that this is a fit case where the State Government should exercise its power under Rule 35 or 36 of the Bombay Mines and Minerals Extraction Rules,1955 which ever is appropriate in the facts and circumstances of the case and take decision in the matter within the period of two weeks. The parties are directed by this Court to appear before the 2 Additional Chief Secretary,Revenue and Forest particularly as the matter pertains to policy decisions taken by the Government in allocation of quarry of lease by permit system as well as by auction and as for the present season the permit of the parties having expired but they are still carrying out their dredging operations and the State Government has not taken any decision to go for auction. 2] We are informed that in so far as District Ratnagiri is concerned all quarrying operations of sand by dredgers are not in operation. We are further informed that the dredging operations are even otherwise not permitted on the onset of monsoon and they do not get permit to operate after 26th May. We,therefore, direct the parties to appear before the Additional Chief Secretary ,Revenue and Forest on 11th May,2009 at 11.00 hrs.in his office at Mantralaya . Additional Chief Secretary shall also consider the grievance of the petitioner made in Civil Application no.1156/2009 . 3] All the issues and contentions raised in the petition are kept open. 4] This Court has not expressed any opinion or given any finding or passed any interlocutory order by considering the merits of the matter. 5] Writ Petition no.3927/2009 and Civil Application no.1156/2009 stand disposed of accordingly. 3 (J. N. PATEL , J ) (MRIDULA BHATKAR, J)