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

1 944) WP 2691-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2691 OF 2025 D.N.K. CONSTRUCTION, THR. PROP. DINESH SACHIN SARKAR, TAH. ARJUNI MORGAON, DIST. GONDIA ...Vs...

THE SUB DIVISIONAL OFFICER/DEPUTY COLLECTOR, RAJURA, DIST. CHANDRAPUR AND ANR. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri A.R.Ingole, Advocate for petitioner.

Shri P.P.Pendke, AGP for respondent(s)/State. CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATED : 16th OCTOBER, 2025.

In the present matter, the grievance raised by the petitioner is that, the J.C.B. Machine and TractorTrolley owned by the petitioner were seized by the Tahsildar on 05/05/2025, on the ground of illegal excavation. This action is purported to have been taken under Section 48(8) of the Maharashtra Land Revenue Code, 1966 (for short, "M.L.R. Code").

2.

Today, the learned counsel for the petitioner points out that, despite the fact that on 05/05/2025, a seizure was made, till date, there is no order of penalty and no further action is taken under Section 48(8) of the M.L.R. Code.

3.

In light of the above referred submissions, the learned AGP for the State was asked to take instructions from the Tahsildar. Thereupon, on instructions, the learned AGP makes a statement that, till date, there is no order passed by the Tahsildar, as pointed out by the petitioner. In that view of the matter, considering the

2 944) WP 2691-2025.odt provisions of Section 48(8) of the MLR Code and lapse of time period from the date of seizure of the J.C.B. Machine and Tractor-Trolley, we direct the Collector, Chandrapur to make an inquiry into the matter and submit a report on or before 06/11/2025.

4.

The learned AGP undertakes to communicate this order to the Collector.

(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 16/10/2025 19:41:56