Ashok Babanrao Rakshe v. Tahasildar Khed And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18638 OF 2024 Ashok Babanrao Rakshe .. Petitioner Vs.

Tahsildar, Khed and Ors.

.. Respondents Mr. Drupad Patil with Mr. Ajinkya Patil, Advocates for the Petitioner. Mr. N.C. Walimbe, Additional Government Pleader with Mr. S.P. Kamble, Assistant Government Pleader for Respondent Nos.1 and 2. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 13TH DECEMBER 2024.

P.C. :

1.

The petitioner has raised a challenge to the order dated 10th December 2024 passed by the Tahsildar, Khed by which the Income Certificate dated 31st March 2023 has been cancelled on the complaint made by the respondent no.3. According to the petitioner, on 3rd December 2024, a communication was issued by the Sub-Divisional Officer, Khed to the Tahsildar, Khed directing him to undertake an enquiry in the said matter. The petitioner was issued a notice on 6th December 2024 by the Tahsildar and was called upon to file reply on 9th December 2024. It is the case of the petitioner that he sought time to file such reply on the said date. Without supplying a copy of the complaint made by the respondent no.3 as well as the enquiry report, the impugned order has been passed. Averments to that effect have been made in paragraph 2(f) of the writ petition.

Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.13 17:48:49 +0530 1/2 Dixit SNEHA ABHAY DIXIT 903-WP-18638-2024.doc

2.

Issue notice to the respondents, returnable on 17th January 2025. The learned Additional Government Pleader waives notice for respondent nos.1 and 2.

3.

Since a strong prima facie case has been made out based on breach of principles of natural justice, there shall be ad-interim relief in terms of prayer clause (b) of the writ petition.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 903-WP-18638-2024.doc Dixit