Nandkishor Mobichand Bhandari v. State Of Maharashtra Thr Chief Secretary Revenu Dept. And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.04.25 13:41:56 +0530 CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO.4488 OF 2022 WITH WRIT PETITION NO.4559 OF 2022 WITH WRIT PETITION NO.4496 OF 2022 Bharat Bhimaji Diwani ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents WITH WRIT PETITION NO.4489 OF 2022 Hemlata Kalpesh Patel ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents WITH WRIT PETITION NO.4490 OF 2022 WITH WRIT PETITION NO.4566 OF 2022 WITH WRIT PETITION NO.4950 OF 2022 Nandkishor Mobichand Bhandari ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents WITH WRIT PETITION NO.4946 OF 2022 WITH WRIT PETITION NO.4947 OF 2022 Navin Thakkarshi Chheda ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents 1/4

WITH WRIT PETITION NO.4875 OF 2022 Govind Ramji Patel ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Prashant D. Jadhav for the Petitioners Mrs. M. S. Bane, AGP for the State in 4188/2022, 4946/2022, 4947/2022 Mr. S. L. Babar, AGP for the State in 4489/2021, 4566/2022 Mr. B. V. Samant, AGP in 4490/2012 Smt. A. A. Purav, AGP in 4496/2021 Mr. S. B. Kalel, AGP for the State in 4559/2021, 4875/2022, 4950/2022

CORAM:

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

DATED :

APRIL 22, 2022 P.C.

In all these matters, the Petitioners are challenging the show cause notices issued to them by the Revenue Officer purportedly under Section 329 (2) of the Maharashtra Land Revenue Code, 1966 (the Code). According to the learned Counsel for the Petitioners the Respondent Revenue Officer does not have authority under Section 329(2) of the Code to impose such penalty as sought to be imposed as per the show cause notices. 2/4

The learned AGP submits that only show cause notices are issued and the Petitioners can file reply to the show cause notices.

It would appear that the date fixed for filing reply has lapsed. However, liberty needs to be given to the Petitioners to file reply and put-forth their case.

In the light of that, we pass the following order: a.

The Petitioners shall, within 15 days from today, file reply to the impugned show cause notices. b.

If the reply is filed by the Petitioners within 15 days as directed above, the Revenue Officer shall take decision pursuant to the show cause notices, on its own merits in accordance with law and considering the defense taken up by the Petitioners preferably within three months.

c.

The Petitioners may represent themselves before the Revenue Officer.

d.

Depending upon the judgment that may be delivered by the Revenue Officer, the parties may take further steps.

3/4

e.

The Writ Petitions accordingly stand disposed of. No costs.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) 4/4