Bombay High Court
KIRAN TANAJI KATTEversusSTATE OF MAHARASHTRA THR. REVENUE AND FOREST DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The Court directs the Collector to decide the pending application by 31 March 2026, without adjudicating the merits.
Summary
The petitioner, Kiran Tanaji Katte, obtained a sanad under Section 44(A) of the Maharashtra Land Revenue Code, 1966 and consent from the Maharashtra Pollution Control Board to operate a stone crusher on his property in Satara. He also secured a licence under Section 71(3)(c) of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 for storing and selling mineral aggregates. On 17 October 2025, he applied to the Collector for permission to commence operations, but the application remained pending. The High Court, after hearing both sides, directed the Collector to decide the application expeditiously, preferably by 31 March 2026, while expressly reserving the right to consider the merits later. The court disposed of the writ petition without ordering costs.
Issues considered
- Whether the Collector's failure to decide the petitioner's application within a reasonable time violates statutory duty or principles of natural justice.
- Whether the High Court can issue a mandatory direction to the Collector to decide the pending application without examining the substantive merits.
Legislation cited
- Maharashtra Land Revenue Code, 1966 — s. 44(A)
- Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 — s. 71(3)(c)
Subjects
- stone crusher
- land revenue
- minor mineral extraction
- writ petition
- administrative delay
- environmental consent
Judgment
29-WP-906-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 906 OF 2026
Kiran Tanaji Katte ...Petitioner
VERSUS
State Of Maharashtra Thr. Revenue
And Forest Dept. And Ors. ...Respondents
——————
Mr. Suryajeet Chavan a/w. Adv. Ajinkya Walekar, Advocate for petitioner.
Ms. S. N. Deshmukh, AGP for respondents-State.
——————
Coram : Madhav J. Jamdar &
Pravin S. Patil, JJ.
Date : March 4, 2026.
ORDER (PER MADHAV J. JAMDAR, J.) :
1. Heard Mr. Chavan, learned Advocate for the petitioner and Ms.
Deshmukh, learned AGP for the respondents–State.
2. Learned Advocate for the petitioner submits that on 21st June
2025 respondent No.2–Collector granted sanad to the petitioner under
the provisions of Section 44(A) of the Maharashtra Land Revenue Code,
1966 for conducting a stone crusher on the property bearing Gat
No.1207 situated at Village Gondavale, Taluka Maan, District Satara. He
submits that the Maharashtra Pollution Control Board has
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29-WP-906-2026 (C).doc
granted consent to establish and operate the stone crusher on the said
property on 26th June 2025. Thereafter, the Collector has also granted
licence under the provisions of Section 71(3)(c) of the Maharashtra
Minor Mineral Extraction (Development and Regulation) Rules, 2013 in
favour of the petitioner to store and sell 1000 brass of stone, khadi,
crush sand, murum and mud on the said property.
3. It is further submitted that on 17 th October 2025 the petitioner,
along with necessary documents, submitted an application before
respondent No.2 – Collector, Satara seeking permission to start the
stone crusher on the said property. However, the said application has
not been decided till date.
4. In view of the above facts and circumstances, respondent No.2 –
Collector, Satara is directed to consider and decide the application
dated 17th October 2025 iled by the petitioner as expeditiously as
possible and preferably on or before 31st March 2026.
5. It is clariied that this Court has not examined the merits of the
matter and all contentions on merits are expressly kept open.
6. The Writ Petition stands disposed of in the above terms,
however, with no order as to costs.
[Pravin S. Patil, J.] [Madhav J. Jamdar, J.]
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