Omesh S/O Suresh Shahare vs The Sub Divisional Officer, ...
2023 Latest Caselaw 9682 Bom

2023:BHC-NAG:13735-DB
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                            WRIT PETITION NO. 6218 OF 2023

                          Omesh Suresh Shahare, Aged about 33
                         years, Occupation, Business R/o Nehru
                         Ward, Dabha, Post Kothurna, Tah.
                         Mohadi, District Bhandara.                      Petitioner
                                        -Versus-

                1.       The Sub Divisional Officer, Bhandara,
                         Distt.Bhandara.
                2.       The Tahsildar, Bhandara,        Tah.    and
                         District Bhandara.
                3    District Mining Officer, Bhandara District                Respondents
                     Bhandara.
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                              Mr.A.R.Ingole, counsel for the petitioner.
                            Mr.A.A.Madiwale, AGP for the respondents.
               ---------------------------------------------------------------------------
                                           CORAM : A.S.CHANDURKAR AND
                                                         VRUSHALI V. JOSHI, JJ.

DATE : 14th September, 2023 ORAL JUDGMENT (Per : A. S. Chandurkar, J.)

Heard.

2. Rule. Rule made returnable forthwith and heard the

learned counsel for the petitioner. The learned Assistant

Government Pleader waives notice for the respondents.

3. The petitioner seeks to challenge the notice dated

Kavita.

33-wp 6218-23.odt

23.08.2023 issued by the Tahsildar, Bhandara calling from the

petitioner to explain why action should not be taken against the

petitioner on the ground that the vehicle employed for

transporting the excavated mining minerals was not used in

accordance with the permission granted. The petitioner has filed

reply to the said notice on 06.09.2023 and 08.09.2023. The

petitioner apprehends that before adjudicating the said notice,

action would be taken against him under the Provisions of

Maharashtra Land Revenue Code, 1966.

4. We find that at this stage, it is not necessary to consider

the validity of the notice dated 23.08.2023. The interest of justice

would be served by directing the Tahsildar, Bhandara to consider

the petitioner's reply dated 06.09.2023 and 08.09.2023 and after

hearing petitioner, take a decision thereof. In case, the petitioner is

aggrieved by the action taken, he is free to challenge the said

decision in accordance with law by raising all permissible grounds.

5. Rule is disposed of in the aforesaid terms. No costs.

                                   (VRUSHALI V. JOSHI, J)                (A.S.CHANDURKAR, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 15/09/2023 10:41:23     Kavita.