Mandar Siddheshwar Shewalkar vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 5584 Bom

                                   1                              906-WP-3619-23-J.odt


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

                   WRIT PETITION No. 3619 of 2023

   PETITIONER:                     Mandar Siddheshwar Shewalkar,
                                   Aged about 41 years, occupation : Manager,
                                   Eagle Infra Company, through Indrajeet
                                   Construction Company, Shibla Road,
                                   Pandharkawda, Tq. Pancharkawda, District :
                                   Yavatmal

                                          Vs.

   RESPONDENTS : 1. State of Maharashtra,
                    through its Secretary, Revenue and Forest
                    Department, Mantralaya, Mumbai-32

                               2. The Additional Collector, Yavatmal,
                                  District - Yavatmal

                               3. The Sub Divisional Officer, Kelapur,
                                  Tq. Kelapur, District - Yavatmal

                               4. The Tahsildar, Zari Jamni,
                                  Tq. Zari Jamni, Dist. Yavatmal

                               5. Police Station Officer, Police Station Patan,
                                  Tah. Zari Jamni, Dist. Yavatmal

     Mr. A.R. Ingole, Advocate for the petitioner.
     Mrs. M.A. Barabde,AGP for Respondents


                                       CORAM : AVINASH G. GHAROTE, J.

DATE : 14th JUNE, 2023

ORAL JUDGMENT

Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

2. Ms. M.A. Barabde, learned Assistant Government Pleader waives service of notice for respondents.

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3. The petition questions the order dated 13/4/2023, passed by the learned Sub-Divisional Officer, Kelapur only on the ground that the notice dated 05/4/2023, issued for appearance of the petitioner fixed a date of 17/4/2023 even before which the impugned order has been passed on 13/04/2023. This position is clearly borne out from the notice dated 05/04/2023 (page 21), which fixes the date of appearance as 17/04/2023 as against which the impugned order has been passed on 13/4/2023 itself (page

22), considering which, the impugned orders are not sustained and the same are quashed and set aside. The petition is allowed accordingly and the matters are remitted back to learned Sub- Divisional Officer, Kelapur for passing an order afresh.

4. The petitioner shall appear before the learned Sub- Divisional Officer, Kelapur on 19/06/2023 at 11:00 a.m along with his reply and no further notice for appearance would then require.

5. The learned Sub-Divisional Officer, Kelapur shall hear the matter on 20/06/2023 and decide the same by 23/06/2023.

Rule is made absolute in above terms.

JUDGE

MP Deshpande