Bombay High Court
M/S S.B. Traders, Through Proprietor ... vs State Of Maharashtra, In The Ministry Of ... on 22 September, 2021
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1/2 17.wp.5660.2016 aw wp.5661.2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5660 OF 2016
(M/s S. B. Traders, Bhandara V/s State of Maharashtra & Ors.)
WITH
WRIT PETITION NO. 5661 OF 2016
(M/s Kinza Group, Bhandara V/s State of Maharashtra & Ors.)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Prothonotary's orders
Mr. V. S. Kukday, Advocate for Petitioner in both
the Petitions.
Ms. T. H. Khan, AGP for Respondent Nos.1 to 3 in
both the Petitions.
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CORAM : AVINASH G. GHAROTE, J.
DATE : SEPTEMBER 22, 2021.
. Heard Mr. Kukday, learned Counsel for the
Petitioner. He submits, that the impugned order dated 12/8/2016 has been passed u/s 48 (7) of Maharashtra Land Revenue Code by the Respondent No.3/Sub Divisional Officer, Desaiganj. Inviting my attention to the provisions of Section 48(7) of MLR Code, he submits that the order under Section 48(7) has to be passed by "the Collector, or any revenue Officer, not below the rank of Tahsildar authorised by the Collector in this behalf", and such an authorisation has to be in the mode and manner, as contemplated under Section 330-A of ::: Uploaded on - 22/09/2021 ::: Downloaded on - 23/09/2021 08:33:07 ::: 2/2 17.wp.5660.2016 aw wp.5661.2016.odt Maharashtra Land Revenue Code. He further submits, that the expression 'not below the rank of Tahsildar', as occurring in Section 48(8)(1) has been deleted by the amendment dated 26/12/2019 to the MLR Code, however, such a deletion has not taken place, vis a vis the same language as occurring in Section 48(7) of MLR Code. He further submits that such a challenge has already been raised in Writ Petition No. 415 of 2020, which is pending before the learned Division Bench of this Court.
2. The learned AGP is, therefore, directed to make a statement, as to whether there has been any amendment in the language of 48(7) of MLR Code, or there has been any Notification under Section 330-A of the MLR Code, authorizing an Officer, as contemplated by the provisions of Section 48(7) to levy the penalty.
3. List both the matters on 27th September, 2021 for the above statement.
(AVINASH G. GHAROTE, J.) Yadav VG ::: Uploaded on - 22/09/2021 ::: Downloaded on - 23/09/2021 08:33:07 :::