Bombay High Court
Sandeep Baburao Gorde And Others vs The State Of Maharashtra Through Its ... on 20 March, 2024
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 3134 OF 2024
SANDEEP BABURAO GORDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. A. B. Kale
AGP for Respondents No.1 to 4 : Mr. A. S. Shinde
...
CORAM : S. G. MEHARE, J.
DATE : 20-03-2024
PER COURT :-
1. Heard the learned counsel for the petitioners.
2. The case of the petitioners is that a notice of the alleged
Rasta case was never served upon him. However, he received
notice, dated 13.03.2024 from the office of Circle Officer,
Astagaon, on 19.03.2024, then he learnt that Tahsildar had passed
the orders without notice to him. Thereafter, he had been to the
office of Tahsildar to inspect the record and obtain the certified
copies. He had applied for certified copies on 19.03.2024 itself.
He had also met the bench clerk. The said bench clerk informed to
the petitioner that the record and proceedings of No. Rasta
Case/RTS/1117/2023, dated 13.03.2024 was missing. Hence, he
approached before this Court for staying the execution of the order
dated 08.03.2023 of Tahsildar, Rahata. His vehement arguments
are that notice of the proceeding was never served upon him.
Therefore, interim stay may be granted.
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3. Per contra, the learned A.G.P. submits as per oral instructions
of office of the Tahsildar, Rahata, the Rasta case was not
registered. It was a special drive to clear the roads. No
proceeding under the Mamlatdars' Courts Act, were registered.
No harm would cause to the petitioners, if the special drive is
implemented.
4. Learned counsel for the petitioners submits that the matter
was registered as Rasta case. It reflects from the notice of the
Circle Officer, dated 08.03.2023.
5. A short point raised before the Court, whether the a notice
of the proceeding of Rasta case was served upon the petitioner.
Passing the order without notice is violation of principle of natural
justice.
6. Believing on the statement of the learned counsel for the
petitioners, there is substance in the submissions. Hence, the
following order is passed;
ORDER
i) There shall be interim stay to the order of Tahsildar, dated 08.03.2023 till the next date.
ii) List the matter for final hearing at the admission stage on 28.03.2024.
iii) Learned A.G.P. is requested to inform this order to the concerned Tahsildar.
( S. G. MEHARE, J. ) rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 21/03/2024 16:19:28