being the position, the imposition of the penalty under
Section 48(7) of the MLR Code by the learned Tahsildar
cannot be faulted with ... Collector within 48 hours of its seizure and
that violated the mandate of sub-section (8) of
Section 48 of MLR Code. From the documents
place wherever situate......" as appearing in sub-
section 7 of Section 48 of the MLR Code, 1966 will have to be read
"ejusdem ... view thereof, action under the provisions of sub- section 7 of Section
48 of the MLR Code, 1966 has been initiated
place wherever situate......" as appearing in sub-
section 7 of Section 48 of the MLR Code, 1966 will have to be read
"ejusdem ... view thereof, action under
the provisions of sub- section 7 of Section 48 of the MLR Code, 1966
has been initiated.
6.1. Advocate Ms. Thakur
place wherever situate....." as appearing in sub-
section 7 of Section 48 of the MLR Code, 1966 will have to be read
"ejusdem ... view thereof, action under the provisions of sub-
section 7 of Section 48 of the MLR Code, 1966 has been initiated.
6.1. Advocate Ms. Thakur
Maharashtra Land Revenue Code
(hereinafter to be referred as "the MLR Code"), imposing
penalty as well as under Section 48 ... 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
under
Section 48(7) of Maharashtra Land Revenue Code,
imposing penalty as well as under Section 48(8)(2) of the
said Code imposing penalty ... exercise of
powers by the Tahsildar under Section 48(8)(2) of the
MLR Code, the same would clearly be without jurisdiction,
in view
Officer,
Desaiganj. Inviting my attention to the provisions of Section
48(7) of MLR Code, he submits that the order under Section
48 ... 48(7) of MLR Code, or there has been any
Notification under Section 330-A of the MLR Code, authorizing
an Officer, as contemplated
Officer,
Desaiganj. Inviting my attention to the provisions of Section
48(7) of MLR Code, he submits that the order under Section
48 ... 48(7) of MLR Code, or there has been any
Notification under Section 330-A of the MLR Code, authorizing
an Officer, as contemplated
under Section
48(7) of Maharashtra Land Revenue Code, imposing
penalty as well as under Section 48(8)(2) of the said Code
imposing penalty ... imposition of penalty/fine under Section 48(7) of the MLR
Code is concerned.
Learned AGP fairly concedes that the
impugned order
indicates exercise of power by the learned Tahsildar
under Section 48(8) of the MLR Code, which is not
permissible, considering the language ... relates to exercising of the power under Section 48(8) of
MLR Code by the learned Tahsildar cannot be sustained.
The petitions are therefore partly
