Ashok Kumar S/O Bhagirath Mal Saini v. State Of Maha., Thr. Secretary, Revenue And Forest Department, Mumbai And Others

1 41-wp 2868.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2868 OF 2023 Ashok Kumar s/o Bhagirath Mal Saini VS. State of Maharashtra and others Office Notes, Office Memorandum of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R.Ingole, Advocate for the petitioner.

Mr. C.A.Lokhande, Advocate for respondents.

CORAM : AVINASH G. GHAROTE J.

DATED : 20th DECEMBER 2023 The petition challenges the order date 26/04/2023 by which a penalty has been imposed upon the JCB.

2.

It is contended that the report dated 26/04/2023 issued by the Naib Tahsildar, at the request of Sub-Divisional Officer indicates that there was no illegal excavation.

3.

The impugned order, however, does not consider this report at all, in that view of the matter, the same is quashed and set aside.

4.

The matter is remitted back to the learned Sub-Divisional Officer to pass fresh order after considering the report dated 26/04/2023. The petitioner shall appear before the Sub-Divisional Officer on 26/12/2023 at 12.00 noon.

JUDGE KOLHE