D.N.K. Construction, Arjuni Morgaon, Gondia Thr. Prop. Dinesh Sachin Sarkar v. The Sub Divisional Officer/Deputy Collector, Rajura, Chandrapur And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2691/2025 D.N.K. Construction V Sub-Divisional Officer and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- 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. Pendke, AGP for respondent no.1.

CORAM : Anil S. Kilor and Raj D. Wakode, JJ .

DATE : 06-02-2026.

Heard.

2.

At the time when this petition came to be filed, the grievance of the petitioner was that though the J.C.B. Machine and tractor-trolley of the petitioner were seized on 05-05-2025 by the Tahsildar, Jivati, no order in that respect was passed.

3.

Initially, in this writ petition, notice dated 14-05-2025 was under challenged issued by the Tahsildar, Jivati, District Chandrapur. In the notice, the Tahsildar, Jivati, District Chandrapur, observed that on 0505-2025, the J.C.B. Machine and tractor-trolley of the petitioner were seized by him for the alleged illegal excavation. 4.

Subsequently, during the pendency of this petition it was revealed that no order was passed by the Tahsildar, Jivati, District Chandrapur, after the J.C.B. Machine and tractor-trolley were seized. However, after five months of such seizure, the Tahsildar, Jivati passed the order dated 17-10-2025.

5.

In the meantime, considering the conduct of the Tahsildar, Jivati, we directed the Collector, Chandrapur to make enquiry into the

2 wp 2691.25.odt matter. Thereupon, the Collector, Chandrapur conducted an enquiry and imposed the minor penalty on the Tahsildar, Jivati. 6.

In the above referred backdrop, since now the Tahsildar, Jivati has passed the order dated 17-10-2025 and as the appeal is provided against such order, we dispose off the present Writ Petition with liberty to the petitioner to file appropriate proceedings against the order dated 17-10-2025 passed by the Tahsildar, Jivati, District Chandrapur. 7.

In the peculiar facts and circumstances of the present case, the revisional Authority shall take into consideration the time spent in perusing the present Writ Petition, while considering the issue of limitation.

8.

Accordingly, the Writ Petition is disposed off in the above referred terms.

9.

If such appeal is filed within a period of two weeks from today, the revisional Authority shall decide the same within a period of four weeks from the date of filing of such appeal/revision. (Raj D. Wakode, J.) (Anil S. Kilor, J.) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 10/02/2026 19:22:07