1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5106 OF 2009 (Anil s/o Shyamsunder Agre vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri B.G. Kulkarni, Advocate for the petitioner. Shri N.W. Sambre, Government Pleader for the respondents. -------- CORAM : S.A.BOBDE AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 3, 2010 The petitioner has challenged notice dated 10.11.2009 issued by the respondent Collector for auctioning of 49 Sand Ghats in Bhandara District. The main contention of Shri Kulkarni, learned Counsel for the petitioner, is that auction of Sand Ghats will adversely affect the ground level in the area in question and would pose a serious threat to availability of water. We find, however, from the petition that there is hardly any material to support 2 this contention. On the other hand, Shri Sambre, learned Government Pleader states that the Government Resolution dated 5.9.2003 imposes the following condition before Sand Ghats are auctioned : The decision to auction Sand Ghat shall be taken only after approval from the concerned District Mining Officer and Geologist of the Ground Water Survey Development Department and Environmental Department is obtained. There is no material in the petition from which it may be inferred that these precautions have not been taken before deciding to auction 49 Sand Ghats in Bhandara District. We see no merit in the petition, which is hereby dismissed. JUDGE JUDGE khj