Bombay High Court
SACHIN SHIVAJI PATILversusGRAMPANCHAYAT NOOL THR. SARPANCH AND ANR
- Disposal
- Disposed Off
Holding
The notice prohibiting stone crushing does not affect the petitioner who does not intend to engage in stone crushing.
Summary
The petitioner, Sachin Shivaji Patil, filed a writ petition challenging a notice dated 06.02.2023 issued by the Gram Panchayat, Nool, which prohibited continuation of a stone crusher business. The petitioner clarified that he does not intend to carry out any stone crushing operations and is only seeking permission for excavation of the notified mines. The Court examined whether the notice, aimed at stopping stone crushing activities, could affect the petitioner’s mining activities. It held that since the petitioner has no intention to engage in stone crushing, the notice does not impact him. Consequently, the Court directed that any obstruction by the Gram Panchayat in mining activities could be revived by the petitioner, and the petition was disposed with that direction.
Issues considered
- What is the effect of a Gram Panchayat's notice prohibiting stone crushing on a petitioner who does not intend to carry out stone crushing but seeks mining permission?
Subjects
- stone crushing
- mining
- Gram Panchayat
- notice
- writ petition
- environmental regulation
Judgment
23-WP-4764-2023.doc
Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by HARISH
VITHAL
HARISH
VITHAL
CHAUDHARI CIRCUIT BENCH AT KOLHAPUR
CHAUDHARI Date:
2026.08.25
20:12:24
CIVIL APPELLATE JURISDICTION
+0530
WRIT PETITION NO. 4764 OF 2023
Sachin Shivaji Patil ...Petitioner.
Versus
Grampanchayat Nool And Another ...Respondents.
——————
Mr. Manoj Patil a/w Siddhesh Kadam for the Petitioner.
Ms. Tejas Kapre, AGP for the Respondent-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 25, 2026.
P. C. :
1. By the present petition, the grievance is as regards the notice
dated 06.02.2023 issued by the Gram Panchayat, Nool, informing the
petitioner that the stone crusher business cannot be continued.
2. Learned Counsel appearing for the petitioner submits that the
petitioner does not intend to carry out any stone crushing business and
in respect of the notiied mines, permission for excavation is sought.
3. Considering that the petitioner does not intend to carry out any
stone crushing operation, the notice dated 06.02.2023 does not afect
the petitioner. In the event, any obstruction is caused in the mining
Harish 1 of 2
23-WP-4764-2023.doc
activities by the Gram Panchayat, it is open for the petitioners to revive
the cause.
4. The petition is disposed of with the above direction.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 2 of 2
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