Rajendra Dada Bhapkar v. State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4115 OF 2015 Rajendra s/o Dada Bhapkar Petitioner

Versus

The State of Maharashtra & others Respondents Mr.N.B.Narwade, advocate for the petitioner Mr.D.R.Kale, Government Pleader for Respondents. CORAM : R.M.BORDE & V.K.JADHAV, JJ.

DATE : 18th April, 2015 PER COURT:

The petitioner is objecting to the notice issued by the Tahsildar on 18.03.2015 directing him to show cause as to why his landed property shall not be attached on account of his failure to pay the amount to the State Government towards illegal excavation of sand.

The petitioner states that the order determining liability in respect of payment of amount, issued by the Tahsildar, is a subject matter of challenge in an appeal before the Sub Divisional Officer and the appeal as well as application seeking stay of the order, are pending.

In view of the facts and circumstances of this case, this petition can be disposed of by directing the Sub Divisional Officer, Ahmednagar, to decide the pending appeal presented by

{2} wp411515.odt the petitioner, on its own merits and in accordance with law, as expeditiously as possible and preferably within six weeks from today. Respondents shall not take any coercive action against the petitioner until disposal of the appeal by the Sub Divisional Officer. Writ Petition stands disposed of.

V.K.JADHAV R.M.BORDE JUDGE JUDGE adb/wp411515