Bombay High Court
Nandkumar Construction Thr. Its ... vs Collector, Collector Office Satara And ... on 21 February, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2025:BHC-AS:8420-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1872 OF 2025
Nandkumar Construction, ]
Through its Partner, ]
R/of Gulmohor Colony, Gendamal, Satara ] .. Petitioner
Versus
1. Collector, ]
Collector Office, Satara ]
2. Tahsildar, ]
Tahsildar Office, Satara ]
3. State of Maharashtra, ]
Through the Secretary, ]
Ministry of Revenue and Forest Department ] .. Respondents
Mr. Yuvraj Narvankar, Advocate for the Petitioner.
Mr. S.L. Babar, Assistant Government Pleader for the Respondents.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 21ST FEBRUARY 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard learned counsel for
the parties.
2. The petitioner, a Partnership Firm, operating a stone-crusher is
aggrieved by the action of sealing the said stone-crusher purported to be
taken pursuant to the notice dated 11 th December 2024 issued by the
Tahsildar, Satara. By the said notice it was stated that deficiencies
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mentioned therein be removed within a period of two days failing which
the stone-crusher was liable to be sealed. On receiving this notice, the
petitioner submitted its reply on 14th December 2024 stating that the
deficiencies indicated were non-existent / the compliance had been duly
made. According to the petitioner, without granting any opportunity of
hearing the stone-crusher came to be sealed on 28 th December 2024. Being
aggrieved, the petitioner has challenged the aforesaid action.
3. On 11th February 2025, the learned Assistant Government Pleader
was directed to obtain instructions as to whether any order had been
passed by the Tahsildar pursuant to the notice dated 11 th December 2024.
Today, on instructions, the learned Assistant Government Pleader submits
that no order has been passed pursuant to the aforesaid notice and reply
submitted by the petitioner.
4. It is thus clear that the action of sealing the stone-crusher has been
taken in breach of principles of natural justice. The notice dated 11 th
December 2024 requires the petitioner to submit its reply, which was
accordingly done on 14th December 2024. However, on 28 th December
2024, the stone-crusher has been sealed without adjudicating the notice
dated 11th December 2024. On this ground, the action of sealing the stone-
crusher is liable to be set aside.
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5. For aforesaid reasons, the following order is passed :-
(i) The action of sealing of the petitioner's stone-crusher
undertaken on 28th December 2024 is quashed. The
Circle Officer shall take necessary steps and de-seal
the same immediately on receipt of a copy of this
order.
(ii) The Tahsildar, Satara shall consider the petitioner's
reply dated 14th December 2024 and decide the notice
dated 11th December 2024. This shall be done after
complying with the principles of natural justice.
(iii) It is clarified that the action of de-sealing the stone-
crusher will be subject to outcome of adjudication of
the notice dated 11th December 2024.
6. Keeping all contentions of parties on merits open, the writ petition is
allowed in aforesaid terms. Rule is made absolute. No costs.
7. Parties to act on authenticated copy of this order.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
signed by
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DIXIT Date:
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2025.02.21
18:35:17
+0530
