Harshal Haribhau Chaudhary vs State Of Maharashtra, Thr. Secretary, ... on 23 December, 2021

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Bombay High Court

Harshal Haribhau Chaudhary vs State Of Maharashtra, Thr. Secretary, ... on 23 December, 2021

Bench: Avinash G. Gharote

                                                         1                           31.WP.5513-2021 & ORS..odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 5513 OF 2021
      ( Vipul Namdevrao Bhadange Vs. State of Maharashtra & Ors. )

                                                    WITH

                            WRIT PETITION NO. 5498 OF 2021
     (Aminoddin Nazimoddin Kazi Vs. State of Maharashtra & Ors. )

                                                    WITH

                            WRIT PETITION NO. 5503 OF 2021
          (Mansoor Murtuza Khan Vs. State of Maharashtra & Ors. )

                                                    WITH

                            WRIT PETITION NO. 5514 OF 2021
     (Harshal Haribhau Chaudhary Vs. State of Maharashtra & Ors. )

                                                    WITH

                            WRIT PETITION NO. 5515 OF 2021
            (Haris Hafeez Sheikh Vs. State of Maharashtra & Ors. )
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. A.R. Ingole, Advocate for the Petitioner/s in all matters.
                                  Mr. S.A. Ashirgade, Addl.GP for the Respondents/State in all matters.



                                  CORAM:          AVINASH G. GHAROTE, J.

DATED : 23rd DECEMBER, 2021.

Heard Mr. Ingole, learned counsel for the petitioners and Mr. Ashirgade, learned Addl.GP for the respondents.

2 31.WP.5513-2021 & ORS..odt

2. In all these petitions, a composite order has been passed by the Tahsildar, exercising powers under Section 48(7) of Maharashtra Land Revenue Code (hereinafter to be referred as "the MLR Code"), imposing penalty as well as under Section 48(8)(2) of the MLR Code imposing penalty for the use of the vehicles.

3. Mr. Ingole, learned counsel for the petitioners, upon instructions, does not press these petitions insofar as imposition of penalty/fine under Section 48(7) of the MLR Code is concerned.

4. Learned Addl.G.P., fairly concedes, that the impugned orders insofar as they indicate the exercise of powers by the Tahsildar under Section 48(8)(2) of the MLR Code, the same would clearly be without jurisdiction, in view of which, the impugned order insofar as they indicate exercise of jurisdiction by the Tahsildar under Section 48(8)(2) of the MLR Code, is quashed and set aside and the matters are remanded back to the Respondent No.3, who will issue a fresh notices to the petitioners in the matter of imposing penalty under Section 48(8)(2) of the MLR Code and after granting an opportunity of being heard, pass necessary and appropriate order. Since Mr. Ingole, learned counsel for the petitioners, upon instructions states, that the vehicles would be produced before the Respondent No. 3 as and when required by the Respondent No. 3 by a notice in writing duly served upon the petitioners, the vehicles be released in the custody of the respective petitioners, upon 3 31.WP.5513-2021 & ORS..odt their furnishing an undertaking to the above effect and the bond equal to the value of the vehicles before the SDO.

5. The petitions are disposed of in the above terms.

JUDGE SD. Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE Signing Date:23.12.2021 18:37

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