Mohd. Shabaz Sheikh Mahmood v. State Of Maharashtra, Through Secretary, Revenue And Forest Department, Mumbai And Others

(1) 44.wp.3058.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3058 OF 2018 Mohd. Shabaz Sheikh Mahmood Vs.

State of Maharashtra through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. R. Ingole, Advocate for petitioner.

Mr S. M. Ghodeswar, AGP for respondent nos.1 to 4. CORAM : AVINASH G. GHAROTE, J.

DATED : 08/03/2021 Mr Ingole, learned counsel for the petitioner, submits that the controversy in the present matter, which challenges the show cause notice dated 24.05.2018, under Section 48 of the Maharashtra Land Revenue Code, 1966 intending to impose the penalty upon the vehicle seized, is covered by a judgment of the Division Bench of this Court in Harihar s/o Madhav Puri Vs. State of Maharashtra and another, 2019 (4) Mh L.J. 743. All objections, which the petitioner may have in relation to show cause notice impugned herein can be raised in reply to show cause notice to be submitted by the petitioner, including the pleas as to whether any portion of the show cause notice, is covered by the judgment of this Court or not. With this liberty, the petition is accordingly disposed off and the petitioner is permitted to file reply before the Tahsildar,

(2) 44.wp.3058.2018 Arvi, in response to show cause notice, raising all contentions as permissible.

JUDGE Sarkate