Shaikh Mahebub Shaikh Kayyum vs The State Of Maharashtra Through ...
2023 Latest Caselaw 1560 Bom

                                       1                     WP / 1827 / 2023


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      946 WRIT PETITION NO.1827 OF 2023

                     SHAIKH MAHEBUB SHAIKH KAYYUM
                                 VERSUS
                   THE STATE OF MAHARASHTRA THROUGH
                     PRINCIPAL SECRETARY AND OTHERS

                                        ...
             Advocate for Petitioner : Mr. Deshmukh Bhausaheb S.
              AGP for the respondent - State : Mr. S.B. Yawalkar
                                        ...

                                CORAM      : MANGESH S. PATIL &
                                             S. G. CHAPALGAONKAR, JJ.

                                DATE       : 15 FEBRUARY 2023

PC :

The petitioner is challenging the show cause notices dated

18-01-2023, 06-02-2023 issued by the revenue authorities in the

purported exercise of the powers under section 48(7) and 48(8) of the

Maharashtra Land Revenue Code. These are merely show cause

notices which the petitioner is expected to respond to and it is

thereafter that the final order is supposed to be passed by those

authorities.

2. The sole grievance of the petitioner is based on the

decisions of this Court in several matters i.e. common judgment dated

07-04-2022 passed in writ petition no. 2078 of 2021 and connected

petitions (Nagpur Bench) and judgment dated 26-04-2022 passed in

writ petition no. 4397 of 2022 and connected writ petition and judgment

2 WP / 1827 / 2023

dated 02-05-2022 passed in writ petition 4961 of 2022 (Aurangabad

Bench) to demonstrate as to how, in view of such decisions, he is not

liable to face any order under the afore-mentioned provisions.

3. We dispose of the petition by permitting the petitioner to

respond to the show cause notices and call upon the revenue

authorities to pass appropriate orders after extending him an

opportunity of being heard and also by taking into consideration the

decisions of this Court in afore-mentioned writ petitions nos. 2078 of

2021, 4397 of 2022 and 4961 of 2022.

     [ S. G. CHAPALGAONKAR ]                 [ MANGESH S. PATIL ]
              JUDGE                                JUDGE

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