Bombay High Court

SHIVSHAMBHO INFRAPROJECTS PRIVATE LIMITED AND ANRversusTHE STATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT AND ORS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The order directing disconnection of electricity and sealing of the stone crushers issued by the Tahsildar without notice is illegal and is hereby quashed.

Summary

The petitioners, owners of stone crushing units, challenged an order dated 26.06.2026 by the Tahsildar directing the disconnection of electricity and sealing of 49 stone crushers without prior notice. They argued that they possessed all requisite permissions, including a mining lease, pollution control NOC, and land conversion approvals, and that the Tahsildar’s action was ultra vires and violative of natural justice. The State’s counsel conceded that no notice was served, though it alleged violations of certain permissions. The Court held that the Tahsildar’s order was illegal for being issued without notice and quashed the order, directing restoration of electricity and de‑sealing of the crushers. The matter was remitted to the Tahsildar for a hearing, with the jurisdictional issue left open, and the writ petitions were disposed of.

Issues considered

Whether the Tahsildar has jurisdiction to order disconnection of electricity and sealing of stone crushing units under the Mines and Minerals (Development and Regulation) Act, 1957.
Whether the order directing disconnection and sealing without prior notice violates the principles of natural justice.
Whether the petitioners' existing licences, NOCs and other permissions bar the Tahsildar from taking such action.
Whether the order is ultra vires the statutory framework governing minor mineral extraction.

Legislation cited

Mines and Minerals (Development and Regulation) Act, 1957 — s. Section 15

Subjects

Mines and Minerals (Development and Regulation) Act
natural justice
notice requirement
jurisdiction
stone crushing
electricity disconnection
sealing of equipment
writ petition
quashing order

Judgment

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 12232 OF 2026

SUFIYAN
EHTESHAM              Shri. Sharad Haribhau Fadol And Anr.                        .. Petitioners
SYED
Digitally signed by
SUFIYAN EHTESHAM
SYED
Date: 2026.09.30
                                     Vs.
17:29:01 +0530


                      The State of Maharashtra
                      Thr. Its Principal Secretary
                      Revenue and Forest Department & Ors                       .. Respondents


                                                          WITH
                                              WRIT PETITION NO. 12233 OF 2026

                      M/s. Kranti Stone Metal
                      Thr.Its Partner & Anr.                                     .. Petitioners

                                     Vs.

                      The State of Maharashtra
                      Thr. Its Principal Secretary
                      Revenue and Forest Department & Ors                       .. Respondents


                                                          WITH
                                              WRIT PETITION NO. 12509 OF 2026

                      Bharat Motiram Navale & Ors                               .. Petitioners

                                     Vs.

                      The State of Maharashtra
                      Thr. Its Principal Secretary
                      Revenue and Forest Department & Ors                       .. Respondents


                                                            1/6
                      901.WP.12232.2026.doc                                     Sufiyan Syed - PA
                                    WITH
                        WRIT PETITION NO. 12505 OF 2026

F C Rodrigues                                             .. Petitioners

               Vs.

District Collector Nashik & anr.                          .. Respondents


                                    WITH
                        WRIT PETITION NO. 12504 OF 2026


Joy Metal Stone Industrie                                 .. Petitioners

               Vs.

District Collector Nashik & anr.                          .. Respondents


                                    WITH
                        WRIT PETITION NO. 12234 OF 2026


Shivshambho Infraprojects
Private Limited & Anr                                     .. Petitioners

               Vs.

The State of Maharashtra
Thr. Its Principal Secretary
Revenue and Forest Department & Ors                       .. Respondents


Adv. Anil Sakhre, Sr. Advocate i/b. Adv. Sushant Anand Valimbe a/w Adv.
Revati Alhat, Adv. Vidang Shirawale, for Petitioners in WP No. 12232/2026,
WP No. 12232/2026 and WP No. 12509/2026.
Adv. Piyush Sachin Koshire a/w Adv. Shivraj Dubele a/w Adv. Pushkar
Nikam, for Petitioners in WP No. 12504/2026 and WP No. 12505/2026.
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Adv. Jitendra Jagtap, for Respondents-MPCB, in WP No. 12232/2026, WP
No. 12232/2026 and WP No. 12509/2026, for Respondent No. 8 and in WP
No. 12505/2026 and WP No. 12504/2026, for Respondent No. 3.
Adv. Ajinkya Badar, for Respondent-MSED, in all Petitions.
A. I. Patel, Addl. GP a/w Ms. Mamta S. Srivastava, AGP for the State in WP
No. 12232/2026, WP No. 12232/2026.
A. A. Nadkarni, AGP for the State in WP No. 12509 of 2026.
S. S. Jadhav, AGP for the State in WP No. 12505 of 2026.
A. C. Bhadang, AGP for the State in WP No. 12504 of 2026.
Adv. Anil Sakhre, Sr. Advocate i/b. Adv. Sushant Anand Valimbe a/w Adv.
Revati Alhat, Adv. Vidang Shirawale, for Petitioners in WP No. 12234 of
2026.
Adv. Jitendra Jagtap, for Respondent No. 8-MPCB in WP No. 12234 of
2026.
A. I. Patel a/w Ms. Mamta S. Srivastava, AGP for the State in WP No. 12234
of 2026.

                                  CORAM : ARUN R. PEDNEKER, J.
                                  Date : 29th SEPTEMBER 2026

P.C. :


1.       Heard learned counsel for the parties.

2.       The brief facts necessary for adjudication of the present matter is

noted.

3.       That the Collector, in exercise of the powers under the Mines and

Minerals (Development and Regulation) Act, 1957, read with the Rules

framed under Section 15 of the said Act, suspended the license for

excavation of minor minerals by order dated 27.05.2026. The said order has

been challenged before the Additional Commissioner in an appeal, which is

pending consideration.
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4.     It is submitted that, independently thereof, the Tahsildar has issued

directions to disconnect electricity of stone crushing and sealing of the same,

which is impugned herein. In particular, by order dated 26.06.2026, the

Tahsildar directed the MSEB Executive Engineer to disconnect the

electricity connections of 49 stone crushers situated in various survey

numbers.

5.     The present Petitions are filed by the owners of the stone crushers

situated on - Survey Nos. 184/3 of Village Sarul in Writ Petition No. 12232

of 2026, Survey Nos. 186/1 and 186/2 of Village Sarul in Writ Petition No.

12233 of 2026, Survey Nos. 36/3 and 128 of Village Sarul in Writ Petition

No. 12509 of 2026, Survey Nos. 4/1/A/1 of Village Rajur Bahula in Writ

Petition No. 12505 of 2026, Survey Nos. 32/05 of Village Sarul in Writ

Petition No. 12504 of 2026 and Survey Nos. 146 and 4/1/1/1 of Village

Sarul in Writ Petition No. 12234 of 2026.

6.     Learned Counsel appearing for the Petitioners submits that no notice

was issued to them before disconnecting the electricity supply to the stone

crushers or before sealing of the equipments. The learned Counsel further

submits that the Petitioners have no connection whatsoever with the

suspension of the mining lease in Gut No. 139/1, as they procure stones for

crushing from other Gut Nos. in respect of which valid mining leases are in

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force.

7.       Learned Counsel submits that the order passed by the Tahsildar

directing disconnection of the electricity supply to 49 stone crushers is,

illegal and has been passed without notice to the Petitioners. The learned

Counsel further submits that the Petitioners have obtained NOC from the

Pollution Control Board. They also have obtained permission from the

Collector for operation of the stone crushers, NA permission for conversion

of the land, as well as construction permission from the MMRDA. He

submits that the stone crushers have been in operation for more than 10

years with all requisite permissions and that the Petitioners are not violating

any provisions of law.

8.       The learned AGP, in contrast, submits that there are various violations

of the permissions granted. However, the learned AGP does not dispute the

factual position that no notice was issued to the Petitioners before the

impugned order of the Tahsildar. The action having been taken without

notice to the Petitioners, and it being an undisputed fact that the Petitioners

have been operating the stone crushers for a long period of time, the least

that was expected by the authorities was to issue notice to the Petitioners

before initiating any action against the Petitioners.

9.       In view of the above, the impugned order dated 26.06.2026, insofar as

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it pertains to the present Writ Petitions, along with the consequential action

of disconnection of electricity by the Electricity Department and the sealing

of the stone crushers, is hereby quashed and set aside. Electric connection

shall be restored and the stone crushers be de-sealed forthwith.

10.    However, the matter is remitted back to the concerned Tahsildar. The

parties shall suo motu appear before the Tahsildar. The concerned Tahsildar

shall give the Petitioners an opportunity of hearing on 7th October 2026 at

3:00 p.m. The concerned Tahsildar shall issue appropriate notice to the

parties on the said date. Reply, if any, shall be filed by 12th October 2026,

and a decision thereon be taken.

11.    All contentions of the parties, including the issue of the jurisdiction of

the Tahsildar to exercise such powers, are kept open.

12.    With the above observations, all the Writ Petitions stand disposed of.



                                                  (ARUN R. PEDNEKER, J.)




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