FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/11556/2010 KURAN PIMPRI GRAMPANCHYAT V/S STATE OF MAH AND ORS ... Shri S.V.Adwant, Advocate for the petitioner Shri B.V.Wagh, AGP for respondents 1 to 4 and Shri S.M.Godsay, Advocate for respondent No.5. ... CORAM : NARESH H.PATIL AND S.V.GANGAPURWALA, JJ. Dated : January 24, 2011 1. Heard learned counsel for the respective parties. 2. It is alleged by the petitioner that respondent No.5 has misused the license to excavate the sand and he has used JCB machine for excavation in contravention of the Rules. The Desk Officer, Government of Maharashtra, Revenue and Forest Department by a communication dated 13.9.2010 has informed the Collector, Beed that respondent No.5 who was granted license to excavate the sand in 2006 for 229 days could excavate the sand only for 57 days and therefore, respondent No.5 was permitted to excavate the sand for remaining 172 days. 3. Respondent No.5 has also filed affidavit in reply and raised a challenge to the bonafides of the petitioner. Both the parties have raised questions of facts. Learned AGP earlier sought time to file reply but till today no reply has been filed. 4. The State of Maharashtra has issued the Government Resolution dated 25.10.2010 under which a Grievance Committee has been formed at the District level, comprising of the responsible officers. The learned Collector is Chairman of the said committee. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/11556/2010 5. In the facts of the present case, if the petitioner files a complaint/representation to the said committee, addressed to the Collector, Beed within a week from today, then we direct the Collector, Beed to pass appropriate orders on the said complaint/ representation of the petitioner, after considering the record and after providing reasonable opportunity of hearing to the contesting parties. Collector shall pass reasoned order within two weeks from the date of receipt of the complaint/representation. For the period of four from weeks from today, parties shall maintain the status-quo and Respondent No.5 shall not excavate the sand till then. 6. It is clarified that we have not expressed any opinion on the merits of the case. 7. Writ Petition accordingly stands disposed of. 8. Parties undertake to cooperate with the Collector, Beed for decision on the complaint/ representation of the petitioner. In case, if any of the parties do not cooperate with the Collector, he shall decide the matter on its own merits and in accordance with law and record that would be produced before him. 9. Registry to make available authentic copy of this order to the requesting parties. (S.V.GANGAPURWALA, J.) (NARESH H.PATIL, J.) akl