:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5962 OF 2007 Shri Motiram Majoor Sahakari Sanstha Maryadit and anr. ...Petitioners Versus The State of Maharashtra & Ors. ....Respondents WRIT PETITION NO. 5983 OF 2007 Subhash Sangappa Devkar Maryadit and anr. ...Petitioners Versus The State of Maharashtra & Ors. ....Respondents ====== Ms.Leena Patil h/f. Mr.P.M.Pradhan Adv. for the petitioners. Mr.R.M.Patne, AGP for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 20TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The petitioners are aggrieved by the order passed by the Minister of Revenue, Government of Maharashtra in a batch of Appeals. The petitioners were Appellants and to be precise their names appears in the impugned :2: :2: :2: order at page-108. It is undisputed before me that before the Appellate Authority, two issues were raised. Issue No.1 was wether the minor Minerals (stones) extracted from the lands can be subjected to payment of Royalty under the Mines & Minerals (Regulation and Development) Act, 1957 and whether the Royalty has to be determined and fixed considering the prevalent rates or whether the same has to be determined after the minerals which are extracted, are weighed. 2. A perusal of the impugned appellate order with the assistance of the learned counsel appearing for both sides, demonstrates that although these issues arose on account of the orders and directions of this court, the Appellate Authority has neither adverted to them nor has given any finding thereon. This is not a satisfactory manner of disposal of an Appeal. There are absolutely no reasons assigned to arrive at a conclusion that the petitioners have extracted the Minerals despite their license having expired long time back and therefore the action of imposing fine is legal and proper. :3: :3: :3: 3. In my view, the Appeal has not been disposed off in accordance with law. In such circumstances, this court is left with no alternative but to quash and set aside the impugned order and restore the Appeals to the file of the State Government for deciding afresh and in accordance with law. It is directed that the Appellate Authority shall decide the Appeals afresh without being influenced by the earlier orders. Needless to state, that the order passed earlier by the Appellate Authority stands quashed and set aside. Both the Writ petitions are allowed in these terms. sd/- ********