Bombay High CourtWP/4940/2021partly allowed

Sheikh Ashfak Sheikh Chhotu v. State Of Maharashtra, Thr. Its Secretary, Revenue And Forest Dept., Mumbai And Others

2021-12-04Hon'Ble Shri Justice Avinash G. Gharote2 pages

wp4247.21+_4942.21+4940.21+4504.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4247/2021 Sanjay Keshavrao Girepunje Versus State of Maharashtra and others WRIT PETITION NO. 4942/2021 Yunus Yusuf Gori Versus State of Maharashtra and others WRIT PETITION NO. 4940/2021 Sheikh Ashfak Sheikh Chhotu Versus State of Maharashtra and others WRIT PETITION NO. 4504/2021 Mahendra Subhas Selokar Versus State of Maharashtra and others Office Notes, Office Memoranda 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. A.A.Madiwale and Sagar Ashirgade, AGPs for Respondents/State CORAM: AVINASH G. GHAROTE, J.

DATED : 4th DECEMBER, 2021.

Mr. Ingole, learned counsel for the petitioners fairly submits that there is no zero royalty pass in the present matters, considering which the impugned order, which imposes penalty u/s 48(7) of the MLR Code cannot be faulted with. Mr. Ingole, learned counsel thereafter submits that the impugned order also indicates exercise of power by the learned Tahsildar under Section 48(8) of the MLR Code, which is not permissible, considering the language of the said section, which indicate that the same be exercised by an officer not below the rank of Deputy Collector.

This position is not controverted by

wp4247.21+_4942.21+4940.21+4504.21.odt Mr.Madiwale, AGP appearing for Respondents in WP No. 4227/2021 and Mr. Ashirgade, AGP appearing in WP Nos. 4942/2021, 4940/2021 and 4504/2021, considering which the impugned order, in so far as it relates to exercising of the power under Section 48(8) of MLR Code by the learned Tahsildar cannot be sustained. The petitions are therefore partly allowed and the impugned order in so far as it relates to exercise of the power under Section 48(8) of the MLR Code is hereby quashed and set aside. The vehicle seized be forthwith returned to the petitioners.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: