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High Court of Karnataka Allows Petition to Quash Charges Against Lorry Owner in Illegal Sand Mining Case — Absence of Specific Allegations Against Owner Leads to Quashing of Proceedings Under Section 482 Cr.P.C.

The petitioner, Bhimashen Rao @ Bhimashankar, was the owner of a lorry bearing registration No.KA-28-C-0687 (Tipper). He was arrayed as accused No.3 i...

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Bombay High Court Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India.

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice o...

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Bombay High Court Quashes Criminal Proceedings for Illegal Sand Mining Due to Bar Under Section 22 of Mines and Minerals Act. Prosecution for Theft Under IPC Not Maintainable Without Complaint from Authorized Officer.

The applicants, Shaikh Yunus and Ayesha Yunus Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking ...

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Bombay High Court at Aurangabad hears writ petition challenging sand excavation e-tender notice. Gram Sabha resolution opposing sand excavation and mandatory procedural requirements under Government Resolution dated 12.03.2013 are at issue.

The petitioner, Village Panchayat Gandhari, filed a writ petition seeking to quash an e-tender notice dated 15.12.2017 for sand excavation in their vi...

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Bombay High Court Allows Writ Petition Challenging Blacklisting Order in Sand Ghat Auction — Review Without Hearing Violates Natural Justice. Divisional Commissioner's Order Quashed as Petitioner Was Not Afforded Opportunity of Hearing Before Adverse Decision.

The petitioner, Raju Leeladhar Sawwalakhe, a businessman involved in sand excavation for about 20 years, participated in an auction of sand ghats cond...

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Bombay High Court Allows Writ Petitions Challenging Seizure of Vehicles Under Maharashtra Land Revenue Code — Seizure Without Notice and Opportunity of Hearing Held Illegal. Section 53 of Maharashtra Land Revenue Code, 1966 Does Not Authorize Seizure of Vehicles; Principles of Natural Justice Violated.

The petitioners filed multiple writ petitions under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging t...

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High Court of Karnataka Quashes Demand Notice for Royalty on Steatite Extraction in Violation of Affidavit Condition — Petitioner's Use of Mineral for Decorative Blocks Not Proved to Be for Cottage Industry. Affidavit Undertaking Not Incorporated in Lease Deed Cannot Be Enforced as Condition of Lease.

The petitioner, S.K. Suresh, held a quarry lease for steatite (a minor mineral) granted on 10-11-2010 under the Karnataka Minor Mineral Concession Rul...

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Bombay High Court Considers Petitions Against Royalty Demands for Excavation During Building Construction Under Section 48 of Maharashtra Land Revenue Code. Petitioners Argue Excavation Incidental to Permitted Construction Does Not Constitute Mining.

The Bombay High Court heard four writ petitions challenging the demand of royalty and penalty by revenue authorities for excavation carried out during...

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Supreme Court Dismisses Appeal Against Prosecution for Illegal Sand Mining Under IPC and Mines Act. Police Investigation Not Barred by Section 22 of MMDR Act as Theft Under IPC is a Distinct Offence.

The Supreme Court dismissed an appeal by Kanwar Pal Singh, a director of M/s Kanwar Enterprises Pvt. Ltd., challenging his prosecution for illegal san...