AJANTA MINERALS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition as initially filed, sought a direction to the respondent no.1 to take a decision forthwith in respect of grant of mining lease and its execution before 11/1/2017 in favour of the petitioner - M/s Ajanta Minerals, a registered partnership Firm. The proceedings before the State Government came to be decided by the impugned order dated 8/6/2017, whereby, the Minister Industries, Mining State of Maharashtra, in exercise of the power conferred upon the State Government by Section 10-A (2) (c) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, "The MMDR Act, 1957, hereinafter), and Rule 8 (2) of the Minerals (Other Than Atomic And Hydrocarbons Energy Minerals) Concession Rules, 2016 (for short, "the MC Rules, 2016", hereinafter), has decided that M/s Ajanta Minerals a proprietary Firm, is entitled for grant of mining lease over an area of 65 hectares in village Sohale, Tq. Korchi, District Gadchiroli, subject to the result of the present petition, consequent to which the petition has been amended to challenge the order dated 8/6/2017. Further direction has been sought to conduct an enquiry through the CID to investigate in respect of prospecting license of M/s Ajanta Minerals, dated 10/10/2005, which is claimed to be in custody of the respondent no.2.

(2.) The following position is not disputed: -

(3.) Mr. Ram Parsodkar, learned Counsel for the petitioner takes exception to the finding as rendered in the impugned order, that it is the proprietary Firm M/s Ajanta Minerals and not a partnership Firm Ajanta Minerals, who is entitled for grant of mining lease.