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Bombay High Court
Palacio Ventures vs The State Of Maharashtra Thr Revenue And ... on 12 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:12154
P3.WPST.7200.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.7200 OF 2026
M/s. Palacio Ventures .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Atul Damle, Senior Advocate a/w. Mr. Jeetendra Sachhdev, Mr.
Suresh Sabrad, Advocates for Petitioner.
Ms. P. J. Gavhane, AGP for Respondents.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 12, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
12.03.2026. Perused the praecipe.
2. Heard Mr. Damle, learned Senior Advocate for Petitioner and
Ms. Gavhane, learned AGP for Respondents.
3. The impugned order dated 30.12.2021 appended at Exhibit-
J, page No.56 to the Writ Petition. It is passed under Section 48(7) of
the Maharashtra Land Revenue Code, 1966 (for short 'the said Code')
in proceedings adopted against Petitioner. Averment in paragraph
No.14 is to the effect that Petitioner was served with a copy of this
order on 10.03.2023. Petitioner apprise the Court that no notice of
scheduled hearing or appointed dated dated 08.02.2019 or 29.10.2021
was issued to the Petitioner as stated in paragraph No.3 of the
impugned order though reply to the proposed notice issued under
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Section 48(7) of the said Code dated 29.01.2021 was filed by the
Petitioner.
4. Facts in the present case are prima facie gross. Notice under
Section 48(7) of the said Code was issued on 29.01.2019. In that
notice hearing was slated to be heard on 08.02.2019. Petitioner filed
its reply and hearing was not held on that date. According to the
impugned notice, final date of personal hearing was fixed on
29.10.2021 i.e. after a period of two years and eight months and it is
stated that Petitioner did not remain present.
5. Grievance of Petitioner is that they had no knowledge of any
scheduled hearing which was held on 29.10.2021. No purpose
whatsoever will be served by keeping this Writ Petition pending in this
Court or by issuing notice to the Respondents. Rather interest of
justice will be subserved if matter is remanded to the Tahsildar for
appropriate hearing.
6. However, in the meantime acting on the impugned notice
which was served on Petitioner on 10.03.2026, the Tahsildar has
sealed the office of the Society on 07.03.2026. The sealing of the
office of Society was done on three days prior to giving a copy of the
impugned order to the Petitioner. Only thereafter the Petitioner
applied to Tahsildar's office and they were given copy of the impugned
order which wad dated 30.12.2021. This is the reason which impels
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me to pass the present order.
7. Mr. Damle, learned Senior Advocate appearing alongwith
Mr. Sabrad apprises the Court that the entire construction of the
development was completed in the meanwhile and residential Society
under the nomenclature of Platinum Palmwood Cooperative Housing
Society Limited having residential premises exists thereon as a
consequence of the impugned order which was passed in the year 2021
without giving personal hearing to the Petitioner, the office of
Tahsildar - Respondent No.4 has taken high-handed arbitrary action
by sealing the office of the Cooperative Housing Society in the said
building.
8. In view of the aforesaid gross facts I am inclined to pass the
present order.
9. Respondent No.4 - Tahsildar is directed to immediately
remove seal forthwith today itself on the basis of server copy of this
order without waiting for tomorrow.
10. Ms. Gavahane, learned AGP enters appearance on behalf of
Respondents. She shall send server copy of this order to Respondent
No.4 - Tahsildar and on receipt of copy of this order by Respondent
No.4 - Tahsildar's Officer immediately Respondent No.4 - Tahsildar is
directed to act upon on it by removing seal from office of Cooperative
Society.
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11. The impugned notice dated 30.12.2021 is quashed and set
aside. Respondent No.4 - Tahsildar is directed to grant personal
hearing to Petitioner under the provisions of the said Code for the
purpose of determining and adjudicating the notice under Section
48(7) of the said Code in accordance with law.
12. Needless to state that the material which is relied upon by
Respondent No.4 - Tahsildar to pass indictment against Petitioner
which is panchnama and report prepared by Talathi / Circle Officer /
Mandal Officer with respect to adjudicating Petitioner's role in moving
986 brass of mineral soil shall be given to Petitioner pursuant to which
within a period of two weeks thereafter shall file additional Affidavit-
in-Reply, if so desired with Respondent No.4 - Tahsildar. After the
Affidavit-in-Reply is filed, Respondent No.4 - Tahsildar is directed to
grant personal hearing to Petitioner, hear Petitioner and pass a fresh
order under Section 48(7) of the said Code in accordance with law
without being influenced by findings and observations in the impugned
order which has been set aside today.
13. A reasoned, speaking order is expected to be passed by
Tahsildar after personal hearing is granted to Petitioner.
14. All contentions of parties are otherwise expressly kept open.
15. In the meanwhile, no coercive steps shall be taken against
Petitioner's development by Respondent No.4 - Tahsildar and in the
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event if final order is adverse to the Petitioner, same shall be not be
acted upon to enable Petitioner to take recourse to law.
16. With the above directions, Writ Petition is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.03.12
16:18:37 +0530
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