Shrinath Mhaskoba Sakhar Karkhana Through Mr. Anant M. Raut v. Tahsildar Daund, Pune And ORS

NITIN DINKAR JAGTAP PA-Nitin Jagtap 1 / 2 5-WP-6339-2021.doc NITIN DINKAR JAGTAP Date: 2021.10.28 19:40:50 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6339 OF 2021 Shrinath Mhaskoba Sakhar Karkhana ...

Petitioner

Versus

Tahsildar Daund, Pune & Ors.

...

Respondents Mr.C.B.Nikte a/w. Ms. Sneha Bhange for the Petitioner. Mr.A.I.Patel, Addl. G.P. for the State.

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

DATE : 27TH OCTOBER, 2021 P.C. :

1.

By the above Writ Petition, the Petitioner seeks the following reliefs : "(a) That this Hon'ble Court be pleased to examine the contents of the present Petition and the legality validity and proprietary of the impugned notice / conditional order dated 18th November, 2020 passed the Respondent No. 1 - Tahasildar, Daund (annexed at Exhibit-M) and after examining the same be pleased to quash and set aside the same.

(b) That this Hon'ble Court be pleased to examine the legality validity and proprietary of the impugned audit report dated 3rd May, 2018 made by the Respondent No. 1 - OEce of General (Audit) to Maharashtra Nagpur and after examining the same be pleased to quash and set aside the same."

2.

Initially, the demand notice dated 31st May, 2018 (Exhibit-G to the above

PA-Nitin Jagtap 2 / 2 5-WP-6339-2021.doc Writ Petition) of Rs.76,03,050/- was issued by Respondent No. 1 to the Petitioner. Thereafter, the Petitioner has made part payments of Rs.23,66,400/- in two installments. It is the case of the Petitioner that without considering the objection another demand notice dated 18th November, 2020 was issued to the Petitioner by Respondent No. 1 to recover an amount of Rs.52,36,650/- towards unearned income / Nazrana on the basis of audit report dated 3rd May, 2018 of Respondent No. 4. 3.

The Petitioner has been Kling objections to the aforestated demand since the year 2018. However, the same are not considered till today. The learned Addl. G.P. therefore states that the Petitioner will be heard and after considering objections raised by the Petitioner, a fresh demand will be made on the Petitioner. In view thereof, we pass the following Order :

i.

Notice dated 18th November, 2020 is quashed and set aside. ii.

Objections of the Petitioner shall be heard by Respondent No. 1 - Tahasildar, Daund and the same shall be decided within a period of four weeks from the date of this Order.

iii.

The Petitioner and / or its Advocate to appear before Respondent No. 1 - Tahasildar, Daund on 10th November, 2021 at 12.00 noon. iv.

All contentions of the parties are kept open. v.

The above Writ Petition is accordingly disposed off. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )