SHRIKRUPA STONE CRUSHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The question that arises in this batch of writ petitions is whether grant of short term permit for minor minerals under Rule 59 of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 (for short, the Rules of 2013) ought to be preceded by holding public auction or whether such short term permit can be granted on the basis of an application made to the Competent Authority ?

(3.) Each petitioner claims to hold permission to operate stone crushers. The petitioners were informed by the Additional Collector that in view of Government Resolution dtd. 23/1/2019 grant of short term permit would be permissible only through e-auction. For that reason, the request made by the petitioners for grant of short term permit came to be refused. Being aggrieved by the issuance of such communication the petitioners have challenged the orders passed in that regard and further seek a direction that the respondents be directed to issue short term permit for extraction of minor minerals to the petitioners.