Ashish S/O Govindrao Kohale v. Sub Divisional Officer, Arvi, Wardha And Others

1 WP5957-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5957/2025 (ASHISH GOVINDRAO KOHALE VERSUS SUB-DIVISIONAL OFFICER, ARVI & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.R. Ingole, counsel for the petitioner. Shri S.V. Narale, Assistant Government Pleader for the respondent nos.1 to 3. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : OCTOBER 07, 2025 Heard.

2.

The petitioner's challenge is to the order dated 19.08.2025 passed by the respondent no.2-Tahsildar, Ashti thereby imposing penalty under Section 48(7) of the Maharashtra Land Revenue Code, 1966.

3.

The primary contention of the petitioner is that the respondent no.2 has earlier issued a show cause notice dated 14.08.2025 by which the petitioner was called upon to submit his explanation on 26.08.2025 as to why penalty of Rs.23,100/- be not imposed on him. However, even before the petitioner could submit his reply-explanation, the impugned order came to be passed on 19.08.2025 imposing penalty of Rs.23,100/-. The counsel for the petitioner submits that the impugned order is passed without any opportunity of hearing to the petitioner.

4.

Keeping open the issue of alternate remedy, issue notice to the respondents returnable on 04.11.2025.

2 WP5957-25.odt 5.

Learned Assistant Government Pleader Shri S.V. Narale waives service of notice for the respondent nos.1 to 3. 6.

In the meantime, the effect and operation of the impugned order dated 19.08.2025 passed by the respondent no.2-Tahsildar shall remain stayed.

(PRAFULLA S. KHUBALKAR, J.) APTE Signed by: Apte Designation: PS To Honourable Judge Date: 07/10/2025 17:47:01