M/S Rj Enterprises And ANR v. The State Of Maharashtra Thr Revenu And Forest Dept. And ANR

88.WPNo.31862022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3186 OF 2022 M/s. RJ Enterprises & Anr.

...

Petitioners

Versus

The State of Maharashtra & Anr. ...

Respondents Ms. Aditi S. Naikare a/w. Mr. Aniesh S. Jadhav, Advocate for the Petitioners.

Smt. M. P. Thakur, Advocate for the Respondents.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 26, 2022 P.C.

1.

The learned Counsel submits that show cause notice issued to the petitioners on the ground that the plant was erected without the permission of the Competent Authority. The petitioners were asked to explain. The petitioners fled reply on 2nd November 2021. However, without considering the reply, on 20th December 2021, the plant of the petitioners is sealed.

2.

It appears that the decision on the show cause notice is not taken. The learned Counsel submits that hearing was also not accorded to the petitioners. In light of that, we pass the following order :

ORDER

(i) The impugned order of sealing the plant of the petitioners dated 20th December 2021 is set aside. Gaikwad RD 1/2

88.WPNo.31862022.doc (ii) The Tahsildar shall consider the reply fled by the petitioner and decide the show cause notice dated 21st October 2021 afresh.

(iii) The petitioners shall appear before the Authority on 5th May 2022 and the Tahsildar shall refer the judgments relied by the petitioners.

(iv) The writ petition is disposed of. No costs. (M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.04.28 12:17:25 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2