Jeevan Vinayak Jahagirdar v. The State Of Maharashtra Through The Collector And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO.4710 OF 2023 JEEVAN VINAYAK JAHAGIRDAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS ...

Advocate for Petitioner : Mr. K.B. Borde AGP for Respondent/State : Mrs. V.N. Patil-Jadhav ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 25/04/2023 PER COURT :

1.

Heard the learned counsel for the petitioner. 2.

The petitioner is challenging the order dated 5.1.2023 imposing the penalty of Rs. 1,70,06,400/- towards the payment of royalty and other charges under section 48 (7) of the Maharashtra Land Revenue Code. The learned counsel submits that the order is without jurisdiction and the royalty amount has already been deducted.

3.

The impugned order indicates that the provision of appeal is provided under section 247 of the Maharashtra Land Revenue Code. So also, when this Court asked the learned advocate to deposit 50% amount, the learned counsel expressed his inability to deposit the said amount. 4.

In view of the above, the petitioner is relegated to take recourse under section 247 of the Maharashtra Land Revenue Code. The petition is disposed of accordingly.

[ARUN R. PEDNEKER J.] ssc/