Tuljabhavani Cold Storage Pvt. Ltd., Through Its Director v. State Of Maharashtra And ANR.

skc 523-WP-10740-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10740 OF 2017 Tuljabhavani Cold Storage Pvt. Ltd.

..

Petitioner vs.

State of Maharashtra & Anr.

..

Respondents Mr. Rahul Kate for Petitioner.

Ms Vaishali Nimbalkar - AGP for State.

CORAM : M. S. SONAK, J.

DATE: 25 SEPTEMBER 2017 P.C :

1] Not on board. In view of urgency, taken on production board. 2] Heard Mr. Kate for the petitioner and Ms Nimbalkar - learned AGP for the State.

3] The challenge in this petition is to the notice dated 19th August 2017, by which the Tahsildar seeks to recover an amount of Rs.3,50,207/- from the petitioner as arrears of land revenue. 4] Mr. Kate submits that the notice states no particulars as to the basis of such a demand. He however admits that the petitioner has unofficially informed that this amount relates to certain payments under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment Welfare) Act 1969. In fact, the record 1/2

skc 523-WP-10740-17.doc indicates that the petitioner has already filed a detailed response to the notice on 1st September 2017.

5] There is no case made out for striking down the notice itself. However, the Tahsildar is permitted to treat the said notice dated 19th August 2017 as a show cause notice and further, to treat the petitioner's response dated 1st September 2017 as response to the said show cause notice. If the petitioner desires, the petitioner can seek an oral hearing before the Tahsildar. For this purpose, the petitioner to appear and make its submissions before the Tahsildar on 12th October 2017 at 3 p.m. The Tahsildar to thereafter make an order and communicate the same to the petitioner. 6] With the aforesaid directions, this petition is disposed of. There shall be no order as to costs.

7] All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.) Chandka 2/2