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Bombay High CourtWP/1966/2023partly allowed

Hrishikesh Gajanan Makh v. The State Of Maharashtra, Thr. Secretary, Revenue Department, Mumbai And Another

2023-04-12Hon'Ble Shri Justice Avinash G. Gharote1 pages

wp 1966.23.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1966/2023 Hrishikesh V State of Maharashtra and another ************************************************************************************ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************ Mr. Rahul Tajne, Advocate for petitioner.

Mrs. Barabde, AGP for resp. nos.1 and 2.

CORAM : AVINASH G GHAROTE, J.

DATE : 12-04-2023 Heard learned Counsel for the petitioner and the learned AGP for the respondents.

2.

It is not in dispute that the what was been transported by the petitioner was metal stone (Gitti). The learned AGP does not dispute the position as laid down in Subash s/o Yadavrao Matte Vs State of Maharashtra and others (WP No. 400/2022 and connected matters, decided on 22-03-2022 that Section 48(7) of the Maharashtra Land Revenue Code, in such a situation, would be attracted, considering which, the impugned order dated 27-02-23 is hereby quashed and set aside.

2.

The petition is accordingly allowed in above terms. No costs.

JUDGE Deshmukh