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Bombay High Court
Experio Ventures Thru Partner vs The State Of Maharashtra Thru ... on 26 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P1.WPST.5583.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.5583 OF 2026
Experio Ventures .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Atul Damale, Senior Advocate a/w. Mr. Suresh Sabrad for
Petitioner.
Ms. P. G. Gavhane, AGP for Respondents.
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 26, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
26.02.2026. Perused the praecipe.
2. Heard Mr. Damale, learned Senior Advocate for Petitioner
and Ms. Gavhane, learned Advocate for Respondents.
3. Urgent intervention of the Court is sought. Extreme action
of sealing the premises of Petitioner which are under construction
rather almost ready has been undertaken by State's statutory Officer
namely Tahsildar invoking action under Section 48(7) of the
Maharashtra Land Revenue Code, 1966. Hearing took place before
Tahsildar and was culminated on 10.01.2025. The impugned order
passed by Tahsildar is appended at Exhibit-L, page No.98. It is dated
28.01.2025 but was served on Petitioner on 23.02.2026 which is
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justified on the basis of the stamp of the Tahsildar on which date the
impugned order was readied.
4. Mr. Damle, learned Senior Advocate informs the Court that
on that very date, Petitioner's premises came to be sealed, thereby
stalling all further future development of the subject building cutting of
access to the building.
5. The response of the Petitioner to the statutory notice is that
the excavated mineral soil was used by the Petitioner in the subject
development itself. The facts which emanate from record are that for
the 700 brass of mineral soil transported appropriate permissions were
obtained by Petitioner from the Competent Authority whereas the
balance mineral soil excavated was used in the same subject
construction/project.
6. The dichotomy is with respect to total amount of excavation
done as allgeed by the Statutory Authority. It is contended that
excavation of mineral soil was to the effect of 2716.86 brass, however
it is contention of Petitioner that even as per the inspection report
prepared by Talathi in the enquiry conducted excavation has been
shown to be of approximately 1850 brass.
7. Mr. Damle would submit that when permission was sought
from the Competent Authority in respect of 700 brass of mineral soil it
was contended by Petitioner that total excavation was of 1850 brass
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and not the exaggerated figure as contemplated by the Authority.
8. In any event considering the aforesaid facts, unless and until
it is pointed out through cogent evidence that Petitioner has not only
excavated excess mineral soil but has also transported the same away
from the subject site, the impugned action taken by Authority is
extremely high handed and arbitrary. It deserves to be interfered
with..
9. In that view of the matter, issue notice to Respondents.
10. Humdast permitted. In addition to Court's notice, Petitioner
is directed to serve the Respondent a copy of this order and copy of
Writ Petition and inform about the next date of hearing by any
permissible mode of service and file appropriate affidavit of service
with tangible proof thereof.
11. Respondents shall enter appearance considering this order
and apprise the Court about objections, if any to the case of the
Petitioner.
12. This Court shall pass appropriate orders in respect of
removing seal on the property of the Petitioner.
13. Ms. Gavhane, learned AGP enters appearance on behalf of
Respondent - State. She is directed to take appropriate instructions
from the Tahsildar and inform the Court accordingly.
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14. Stand over to 27th February 2026. To be placed under the
caption 'First on Board'.
15. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT SAWANT
SAWANT Date: 2026.02.26
15:00:26 +0530
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