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Santosh Namdeo Jorvekar and Others Vs the State of… — Land Acquisition | Bombay HC (2017)

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Bombay HC
2017
Santosh Namdeo Jorvekar and Others Vs the State of MSantosh Namdeo Jorvekar and Others v. the State of Maharasht

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Santosh Namdeo Jorvekar and Others v. the State of Maharashtra and Others

Bombay HC26 Apr 2017WP/5476/2017

Case brief

AI extract

What is this about?

This petition challenged an order imposing a fine for unexplained stock of bricks levied under the Maharashtra Land Revenue Code. The single judge quashed the order for violating principles of natural justice due to lack of hearing and failure to consider the petitioner's reply, restoring the matter for a fresh order.

What did the court decide?

The impugned order dated 24th March, 2017 was quashed and set aside. The matter was restored to the Tahsildar to pass a fresh order after granting a personal hearing and considering the petitioner's r

What the court decided

AI extract

Outcome

The impugned order dated 24th March, 2017 was quashed and set aside. The matter was restored to the Tahsildar to pass a fresh order after granting a personal hearing and considering the petitioner's r

Issue for consideration

Whether the impugned order imposing fine for unexplained stock was passed without hearing and without considering the petitioner's reply. +1 more

Detailed headnote1 paragraphs

An order imposing a fine under the Maharashtra Land Revenue Code for unexplained stock was quashed by the High Court as it was passed without hearing the petitioner and without considering the petitioner's reply filed on the day before the order. The matter was restored to the Tahsildar to pass a fresh order in compliance with natural justice principles.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

920_WP547617.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 5476 OF 2017

Santosh Namdeo Jorvekar and Others ..PETITIONERS

VERSUS

State of Maharashtra and Others ..RESPONDENTS

Mr. A.N. Nagargoje, Advocate for petitioner. Mr. M.B. Bharaswadkar, A.G.P. for respondent - State.

CORAM : M.S. SANKLECHA, J. DATED : 26^th APRIL, 2017

ORDER :

At the request of learned Counsel for the parties, petition is being disposed of finally at the state of admission.

This petition challenges the order dated 24^th March, 2017 passed by the Tahsildar, Sangamner. By the impugned order, fine of Rs.1.88 crores has been imposed on the ground that the petitioner had unexplained stock of 5414 Brass Clay for Brick Kilns. Consequently fine in terms of Section 48(7) of the Maharashtra Land Revenue Code, 1966 was imposed.

The grievance of the petitioner is that the impugned order is without any reason, passed without hearing the petitioner and also without

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920_WP547617.odt

considering the petitioner’s reply dated 23^rd March, 2017 filed with the office of the Tahsildar on the same day.

In the above view, the impugned order dated 24^th March, 2017 is quashed and set aside. The issue is restored to the file of Tahsildar to pass a fresh order in compliance with principles of Natural Justice. The Tahsildar will pass a fresh order after taking into consideration the petitioner’s reply dated 23^rd March, 2017 (which is annexed at Exhibit ‘D’ to the petition at page no. 26) after granting a personal hearing to the petitioner and with reasons in support of the final conclusion arrived.

Petition is disposed of in above terms. No order as to costs.

SSD

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Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the impugned order imposing fine for unexplained stock was passed without hearing and without considering the petitioner's reply.
2.
Whether the petitioner is entitled to quashing of the order and a fresh order to be passed in compliance with principles of natural justice.

Statutes considered

1 provisions across 1 enactments

AI extract

Maharashtra48(7)

Parties & counsel

AI extract

petitioner
Santosh Namdeo Jorvekar and Others
respondent
State of Maharashtra and Others

Coram

AI extract

M.S. Sanklecha

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 26 Apr 2017 · April
Registered: 24 Apr 2017
Case no.: WP/5476/2017
CNR: HCBM030167542017
Topic: Land Acquisition
Bench: M.s. Sanklecha
Disposal: Disposed off/Dismissed for default

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Cite this judgement

Santosh Namdeo Jorvekar and Others v. the State of Maharashtra and Others, WP/5476/2017 (BOM), decided on 26 April 2017.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Maharashtra48(7)

View all statutes

Bench / Coram

M.S. Sanklecha

Parties & counsel