Zafarkhan Majidkhan Pathan And Another v. The State Of Maharashtra And Others

{1} 80-WP-13711-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13711 OF 2018 Zafarkhan s/o Majidkhan Pathan & Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. S.S. Kazi, Advocate for Petitioners Mrs. A.V. Gondhalekar, Additional Government Pleader for Respondent/State CORAM : S.V. GANGAPURWALA AND A.M. DHAVALE, JJ.

DATE: 7th JANUARY, 2019 PER COURT 1.

We have heard the learned Advocate for the petitioners and the learned Additional Government Pleader for the respondents/State.

2.

The petitioners assail the notice dated 28.09.2018. In fact, same is in the nature of order. No show cause notice appears to be received to the petitioners before passing the said order. The impugned order shall be construed as show cause notice to the petitioners. The

{2} 80-WP-13711-18 petitioners shall file reply to the same within a period of 15 days. Upon receipt of the reply, the Tahasildar shall take decision with regard to the levy of the amount for regularization on its own merits, considering the reply filed by the petitioners and after hearing the petitioners, and thereafter shall pass the orders on its own merits. 3.

The writ petition is disposed of. No costs.

( A.M. DHAVALE, J. ) ( S.V. GANGAPURWALA, J. ) mta