Gajanan Chandusingh Dhumane v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Dept. And Others

44wp 1891.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1891/2021 GAJANAN CHANDUSINGH DHUMANE VS STATE OF MAHARASHTRA AND OTHERS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. A.R. Ingole, Advocate for the petitioner Ms. Mrunal Barbde, AGP for respondent nos. 1 to 4 CORAM : AVINASH G. GHAROTE, J.

DATED : 03/10/2022 Mr. A.R. Ingole, learned Counsel for the petitioner, while challenging the impugned order dated 02.06.2021, submits, that since the same has been passed by the learned Tahasildar, he did not have any jurisdiction under Section 48 (7) and (8) of the Maharashtra Land Revenue Code, 1966 (for short the "MLR Code"), to levy penalty upon the vehicle in question as that is the jurisdiction of the Collector or the Deputy Collector duly authorized by the Collector in this behalf under Section 48 (8)(2) of the MLR Code. This position, is not disputed by the learned AGP, consider which, the impugned order dated 02.06.2021 (page 18) in so far as, it relates to the imposition of penalty on the vehicle is quashed and set aside. No other ground is urged.

2.

The writ is party allowed to the above extent. No costs.

by SANDIP MAHADEV GATE Date:

2022.10.04 10:41:54 +0530 SANDIP MAHADEV GATE JUDGE SMGate