Bombay High Court
NAMDEO LIMBAJI DEVKATEversusSTATE OF MAHARASHTRA THR. DISTRICT COLLECTOR, SANGLI AND ORS.
- Disposal
- Disposed Off
Holding
The order cancelling the mining lease without giving the petitioner an opportunity of hearing is quashed and set aside.
Summary
Namdeo Limbaji Devkate, the petitioner, held a mining lease that was cancelled by the District Collector on 12 August 2026 without any notice or opportunity to be heard. The petitioner filed a writ petition challenging the Collector's order as a violation of natural justice. The High Court examined whether the cancellation, effected without a hearing, contravened the principles of audi alteram partem. Finding that the order was indeed passed without due process, the Court quashed and set aside the Collector's order. The Court directed that the matter be reheard afresh before the Collector, with a hearing scheduled for 1 September 2026, and allowed the petition.
Issues considered
- Whether the Collector's order cancelling the mining lease without notice and hearing violates the principles of natural justice?
Subjects
- natural justice
- mining lease
- administrative law
- writ petition
- cancellation without hearing
Judgment
905-WP-4059-2026.doc
Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
HARISH VITHAL
CIRCUIT BENCH AT KOLHAPUR
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.08.21
20:20:16 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4059 OF 2026
Namdeo Limbaji Devkate ...Petitioner.
Versus
State Of Maharashtra
Thr. District Collector, Sangli And Others ...Respondents.
——————
Mr. Manoj A. Patil a/w Mr. Shubham Dhenge & Siddhesh Kadam for the
Petitioner.
Mr. A. I. Patel, Addl. GP a/w V. M. Mali, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 21, 2026.
P. C. :
1. By the present petition, the challenge is to the order dated
12.08.2026 passed by the Collector, canceling the mining lease dead of
the petitioner without giving an opportunity of being heard.
2. Learned AGP, on instructions, submits that as per the directions of
the Hon’ble Minister, the Collector has scheduled a hearing on
01.09.2026.
3. As it is an admitted position that the impugned order was passed
without giving any notice or opportunity of hearing to the petitioner, it
is in violation of the principles of natural justice. Resultantly, the
impugned order dated 12.08.2026 is hereby quashed and set aside.
Harish 1 of 2
905-WP-4059-2026.doc
4. As a hearing is now scheduled before the Collector, the Collector
is to decide the issue afresh after hearing the petitioner.
5. The petition is allowed in the above terms.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 2 of 2
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