THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT APPEAL NO.365 OF 2010 JUDGMENT: {Per the Hon’ble Sri Justice Vilas V.Afzulpurkar} The appeal is preferred against the order of the learned Single Judge dated 05.05.2010 in W.P.M.P.No.13896 of 2010 in W.P.No.10870 of 2010. In the said Writ Petition, the appellant- petitioner therein had questioned the show cause notice in Rc.No.B/MINES/2009, dated 20.03.2010 issued by the second respondent as illegal and consequently to declare the action of respondents 2 and 3 in interfering with the quarry operations being conducted by the petitioner. In the said impugned order, this Court directed the petitioner to submit explanation to the notice within three {3} days and the second respondent was directed to consider the same and pass final orders. Questioning the correctness of the said order, this appeal is filed. When the appeal is being taken up for hearing, learned Government Pleader for Mines & Geology has produced copy of final orders passed by the Tahsildar, Nellikudur, dated 11.05.2010 vide proceedings No. B/MINES 1/2010. In the aforesaid order, the second respondent records that there is no dispute regarding the land in Survey No.264/1 and the second respondent is not interfering with the lease of the said survey number. However, adverse finding was recorded so far as Survey No.225/120 is concerned and it was held that the petitioner was found to be illegally and unauthorisedly conducting quarry operations. Since the said final orders are now passed and as the appellant- petitioner desires to question the said order to the extent of finding regarding Survey No.225/120, we grant such liberty to the appellant- petitioner and dispose of the Writ Appeal. The appellant-petitioner is also at liberty to seek appropriate orders with respect of the seized equipment, as claimed by him. The Writ Appeal is, accordingly, disposed of. There shall be no order as to costs. _______________________ (VILAS V. AFZULPURKAR, J) _______________ (NOUSHAD ALI, J) 12th May 2010 RRB