12.crpil-31-&-10-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. P.I.L.NO. 31 OF 2011 Shri. Sharad Vitthal Koli ..Petitioner Vs. The Tahsildar Tal. Mohol and Ors. ..Respondents WITH CRI. P.I.L.NO. 10 OF 2011 Shri. Shankarrao Vitthalrao Sathe ..Petitioner Vs. Shri. Chandrasen Deshmukh and Ors. ..Respondents Mr. M.A.Choudhari for Petitioners Mr. P.P.Pol Public Prosecutor for Respondent-State Mr. M.S.Karnik for Respondent No.4 in PIL No. 31 of 2011 Mr. B.D.Joshi i/b S.S. Aradhye for Respondent No. 8 in PIL No. 31 of 2011 CORAM : S.A.BOBDE AND SMT. V.K.TAHILRAMANI, J J. DATE : DECEMBER 19, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. In these two PILs, the petitioners' main grievance is that the complaints which they made from time to time to the Respondent-authorities in regard to the illegal excavation of 1 12.crpil-31-&-10-11.doc sand from Bhima river, Satha No.3, have not been looked into by the authorities, in particular, the complaint dated 18.4.2011 to the concerned Police Station. The Petitioners have also addressed similar complaints to the Collector and Ministers in the Maharashtra cabinet also. Shri. Joshi, the learned Counsel for the Respondent-authorities raises a preliminary objection about the tenability of the petitions at the instance of the petitioners. According to Shri. Joshi, the petitioners are not qualified to file the Public Interest Litigations. However, we find from the submission of Shri. Pol, the learned P.P. that Respondent-authorities are now agreeable to look into the complaints made by the petitioners like complaints made by an ordinary citizen. Therefore, without going into the preliminary objection raised by Shri. Joshi, we accept the statement made by Shri. Pol and direct that complaints made by the Petitioners will be looked into by the Respondents and Respondent- Collector will decide whether the case calls for taking any departmental action for misconduct against any officer and/ or initiation of criminal prosecution against any officer or citizen. The Collector shall take a decision on the existing complaints of the petitioners within a period of three months from today. The Respondent-authorities shall pass a reasoned order and communicate the decision to the 2 12.crpil-31-&-10-11.doc Petitioners. 3. The learned Counsel for the Petitioners states that the Petitioners are receiving innumerable threats. In the circumstances, we direct that the appropriate authority to consider the prayers made by the petitioners for protection, in accordance with law and the relevant circulars for this purpose, in view of the fresh attacks and threats alleged by the petitioners which the petitioners may include in the fresh application to be made to the appropriate authority. 4. Order accordingly. 5. Rule made absolute in the above terms. [ SMT. V.K.TAHILRAMANI,J.] [ S.A.BOBDE, J. ] 3