D. P. Jain And Company Infrastructure Pvt. Ltd., Thr. Authorized Signatory, Amit Vyas v. State Of Maharashtra, Thr. Principal Secy., Revenue And Forst Dept., Mumbai And ORS.

2025:BHC-NAG:8047-DB 999-WP-4553-2025.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 4553 OF 2025 D. P. Jain & Company Infrastructure Pvt. Ltd. vs.

The 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. C.S.Dharmadhikari, Advocate for petitioner. Mr. D.V.Chouhan, Senior Advocate/Government Pleader a/b Mr. N. R. Patil, Assistant Government Pleader for respondent nos. 1 to 3. CORAM :- ANIL S. KILOR and MRS. VRUSHALI V. JOSHI, JJ. DATE :- 14th AUGUST, 2025 P. C.

Heard learned counsel for the parties.

2.

A challenge raised in the present writ petition is to the notice dated 17.07.2025 issued by the Tahsildar for hearing of the proceedings bearing No.M.N.L No.39/2019-2020. In the earlier round of litigation this Court quashed and set aside the said notice issued under Section 48(7) of the Maharashtra Land Revenue Code, 1966 by observing that the Tahsildar has no authority issue such notice. It is argued that therefore no hearing can be held on non existant notice. 3.

Mr. Chouhan, learned Senior Advocate and Government Pleader appearing for the respondents-State makes a statement that the present notice of hearing issued by the Tahsildar will be withdrawn and a fresh notice under Section 48 of the MLR Code will be issued, in view of the authority conferred by the Collector vide order dated 24.06.2025 to issue such notice on the Tahsildar. 4.

In that view of the matter, nothing survives for adjudication in the petition. Accordingly, the writ petition is disposed of. No costs. 5.

Needless to clarify that the points raised in this petition are kept open.

(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.) Andurkar.