Imranulla Khan Shafa Autulla Khan vs State Of Maharashtra Thr. State ...
2021 Latest Caselaw 11064 Bom

                                                                     (1)                                                                 17.wp6081.2016

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH : NAGPUR

                                               WRIT PETITION NO. 6081 OF 2016

                                   Imranulla Khan Shafa Autulla Khan
                                                     Vs.
                State of Maharashtra, Thru. its State Revenue Minister, Mumbai and others
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Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Shri Santosh D. Chande, Advocate for petitioner.
                                               Shri S. A. Ashirgade, AGP for respondent Nos.1 to 5.
                                               Shri Tejas Deshpande, Advocate for respondent No.6.


                                                                       CORAM : AVINASH G. GHAROTE, J.

DATED : 13/08/2021

By an order dated 19.10.2016, the present petition was directed to be heard along with Writ Petition No. 6080 of 2016, however that petition has been decided on 27.02.2020. The copy of the judgment in the said writ petition is taken on record and marked as 'X' for identification.

2. The report dated 26.07.2011 indicated in the order dated 06.08.2011 by the Tahsildar, Khamgaon (page

42) assumes significance, in view of the contention by the learned counsel for the petitioner, that he is being penalized twice for the same excavation of soil.

3. Learned counsel for the petitioner submits that this report dated 26.07.2011, which has been made a basis of the order dated 06.08.2011 was never brought on record and also not indicated in the reply filed by the respondents on 13.03.2020.

(2) 17.wp6081.2016

4. In that view of the matter, the record would be necessary. Learned AGP expresses his willingness to get the record by 30.8.2021. He also expresses, that the Tahsildar, Khamgaon would be in a better position to throw light on this issue in case anything arises in between the arguments.

5. In that view of the matter, the Tahsildar Khamgaon to remain present in the Court on 31.08.2021, on which date the matter, may be finally disposed of.

6. List the matter on 31.08.2021

JUDGE

Sarkate