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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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