Dilip Buildcon Ltd Having Its Head Office At Bhopal Thr. Auth. Adit Sharma v. The State Of Maharashtra Thr. Secretary Ministry For Revenue, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1870/2026 Dilip Buildcon Ltd. Through authorised person, Shri Adit Sharma Vs.

The State of Maharashtra, through the Secretary Ministry for Revenue, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Aniket Dabadghao, Advocate h/f Shri R.R. Rathod, Advocate for petitioner Shri P.P. Pendke, AGP for respondent Nos.1 to 4 CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 04.03.2026 1.

Heard learned Counsel for petitioner.

2.

The contention of the petitioner is that on 09.05.2025, the respondent No.3- Additional Collector Wardha, had imposed penalty upon the petitioner Company for allegedly illegal excavation of the minor minerals. The aforesaid order of penalty passed by respondent No.3 Additional Collector was challenged by the present petitioner Company before the Divisional Commissioner, Nagpur.

3.

The appeals filed by the present petitioner were allowed on 05.02.2026. The orders are at record page Nos. 13 and 18.

4.

Learned Counsel for the petitioner submits that even prior to the decision of the aforesaid appeals,

Respondent No.4 - Tahsildar, Deoli, District Wardha, had proceeded to attach the vehicles and machineries belonging to the petitioner at Bhidi in execution of the order dated 09.05.2025 passed by Respondent No.3 - Additional Collector, Wardha.

5.

It is submitted that since the appeals challenging the said order dated 09.05.2025 were pending before the Divisional Commissioner, the action taken at the behest of Respondent No.4 in attaching the vehicles in execution of the impugned order was unsustainable in the eyes of law. 6.

Subsequently, the aforesaid appeals were partly allowed by the Additional Commissioner on 05.02.2026, and the matter has now been remanded back to Respondent No.3 for fresh decision.

7.

In view of the above, the petitioner has already approached Respondent No.4 by pointing out the decision of the Divisional Commissioner, Nagpur, and seeking release of the vehicles by submitting a representation dated 10.02.2026. The aforesaid representation dated 10.02.2026 is at record page No.25 (Annexure- 3).

8.

Learned Counsel for the petitioner submits that even after passage of almost 20 days, the aforesaid representation is not decided and acted upon and the vehicles of the petitioner Company have not yet released by the respondent No.4.

9.

In view of above, we dispose of the present writ petition with a direction to respondent No.4 Tahsildar, Deoli, District Wardha, to decide the representation dated 10.02.2026 at record page 25 Annexure-3 within a period of one week from today.

10.

The petitioner undertakes to produce a copy of this order before Respondent No.4 within a period of four days from today.

11.

Respondent No.4 is directed to decide the aforesaid representation in accordance with law and in consonance with the decision dated 05.02.2026 passed by the Divisional Commissioner in the appeals filed by the petitioner Company.

12.

The writ petition is accordingly disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 05/03/2026 19:27:50