Uddhav Babasaheb Suryawanshi And Another v. The State Of Maharashtra And Others

Writ Petition No.13015/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.13015 OF 2018 Uddhav Babasaheb Suryawanshi & anr.

...PETITIONERS

VERSUS

The State of Maharashtra & ors.

...RESPONDENTS .....

Shri S.S. Rathi, Advocate for petitioners Mrs. P.V. Diggikar, A.G.P. for State .....

CORAM:

S.V. GANGAPURWALA AND A.M. DHAVALE, JJ.

DATED :

17th January, 2019 ORAL ORDER :

1.

The petitioner assails the order dated 2.11.2018, passed by the Tahsildar, purportedly under Section 48(1)(7) of the Maharashtra Land Revenue Code. The contention is that, reply was given to the show-cause-notice, the same is not considered. Though the date of order is shown as 2.11.2018, in fact it was already passed by the Tahsildar on 26.10.2018. We have heard the learned counsel for the petitioner and learned A.G.P.

Writ Petition No.13015/2018 2.

The order appears to be dated 2.11.2018. However, in the narration part, it is observed that the said order is passed under the signature of the Tahsildar on 26.10.2018. With a view to give opportunity to the petitioner, we relegate him before the Tahsildar. 3.

The impugned order is set aside. The Tahsildar shall, after considering the say of the petitioner, pass order afresh. The petitioner may appear before the Tahsildar on 22.2.2019 and represent himself before the Tahsildar. The Tahsildar shall thereafter decide the proceedings expeditiously, preferably within four weeks thereafter. Writ Petition is disposed of. No costs. ( A.M. DHAVALE, J. ) ( S.V. GANGAPURWALA, J. ) fmp/