Bombay High CourtWP/5366/2021disposed off

M/S. Harshwardhan Enterprises v. The State Of Maharashtra Through The Secretary Revenue And Forest Department And ORS

2021-09-20Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Milind N. Jadhav2 pages

32. civil wp 5366-21.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5366 OF 2021 M/s. Harshawardhan Enterprises ..

Petitioner

Versus

State of Maharashtra & Ors.

Respondents ....................

 Mr. Harshal P. Randhir for the Petitioner  Ms. S.D. Vyas, 'B' Panel Counsel for the State ...................

CORAM : S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : SEPTEMBER 20, 2021.

P.C.:

The above Writ Petition is filed seeking following reliefs:- "A) This petition may kindly be allowed;

B) This Hon'ble Court by way of appropriate writ, order or directions in the like nature, be pleased to quash and set aside the impugned notice dated 15/02/2021 issued by Tahsildar, Shahapur, Dist. Thane bearing number Mahsul/Gau.Kha/Te-3/Kaavi1343/2020-21. C) Pending hearing and final disposal of this writ Petition, this Hon'ble Court be pleased to stay the execution of impugned notice dated 15/02/2021 issued by Tahsildar, Shahapur, Dist. Thane bearing number Mahsul/Gau.Kha/Te-3/Kaavi-1343/2020-21." 2.

The impugned notice dated 15.02.2021 issued by the Tahsildar, Shahapur, Dist. Thane is already responded to by the Petitioner by its letter dated 26.02.2021. Learned Advocate appearing for the Petitioner states that the Tahsildar ought to hear the Petitioner before passing any order in the matter.

32. civil wp 5366-21.doc 3.

In view thereof, we pass the following order:- (i) The Tahsildar, Shahapur, Dist. Thane shall hear the Petitioner and / or its Advocate/s within a period of one week from today and pass his order within a period of one week thereafter.

(ii) In the event of the Tahsildar passing an order against the Petitioner, the same shall not be implemented for a period of two weeks from the date of service of the said order on the Petitioner and / or his Advocate.

(iii) In the meantime, no coercive action shall be taken against the Petitioner.

(iv) The Writ Petition is disposed off accordingly. [ MILIND N. JADHAV, J. ] [ S. J. KATHAWALLA, J. ] RAVINDRA MOHAN AMBERKAR Date: 2021.09.21 09:52:46 +0530 RAVINDRA MOHAN AMBERKAR