Partly allowed

Santosh S/O Sadashiv Minde v. the State of Maharashtra Thr. Its the Principal Secretary the Revenue and Forest Department and Ors.

Bombay HC24 Jan 2024WP/13813/2023

Case brief

AI extract

What is this about?

Held that an order passed without an opportunity of hearing must be set aside, quashing the impugned order and directing the authority to issue a fresh notice and grant a personal hearing.

What did the court decide?

The impugned order was quashed and set aside. Respondent No. 4 was directed to issue a fresh show cause notice, grant a personal hearing, and pass an appropriate order. The petitioner's vehicle was re

Santosh S/O Sadashiv Minde Vs the State of… — Writ and Judicial Review | Bombay HC (2024)

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5-ASWP-13813-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 13813 OF 2023

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Santosh S/o Sadashiv Minde …Petitioner

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Versus

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The State of Maharashtra through its Principal Secretary The Revenue & Forest Department & Ors …Respondents

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Mr. K.N. Shermale, Advocates for the Petitioner through VC.

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Mr. A.I. Patel, Addl.GP, a/w M.S. Bane, AGP for RespondentState.

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Mr. Dnyaneshwar Choudhari, Revenue Assistant is present in Court.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 24, 2024

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PC :

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Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2024.01.25 12:20:55 +0530

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The above Writ Petition is filed seeking to set aside the impugned order dated 18^th September 2023 passed by the Learned Tehsildar, Thane i.e., Respondent No.4 in Kra./Mahsul/K-1/Te-4/ Gau.Kh/Kavi-8269/2023. The aforesaid order was passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. After we heard the parties for some time, and since the grievance made was that the impugned order has been passed without giving an opportunity of hearing to the Petitioner, Mr. Patel, the Learned AGP, on the

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Page 1 of 2 JANUARY 24, 2024

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Ashwini Vallakati

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5-ASWP-13813-2023.doc

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instructions of Mr. Choudhari, Revenue Assistant, stated that a fresh show cause notice would be issued to the Petitioner, a personal hearing would be given, and thereafter an appropriate order would be passed.

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In light of the aforesaid statement made by the Learned AGP, the impugned order dated 18^th September 2023, is hereby quashed and set aside. Respondent No.4 shall issue a fresh show cause notice to the Petitioner, grant him a personal hearing and thereafter pass whatever order it deems fit. Since the impugned order is set aside, the vehicle of the Petitioner bearing No. MH-12-QW-8269 shall be released to the Petitioner, on him giving an undertaking to Respondent No.4 that till the outcome of the proceedings before Respondent No.4, he shall not dispose of the said vehicle.

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The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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Page 2 of 2 JANUARY 24, 2024

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Ashwini Vallakati

Santosh S/O Sadashiv Minde v. the State of Maharashtra Thr. Its the Principal Secretary the Revenue and Forest Department and Ors.

Case brief

What is this about?

What did the court decide?

Santosh S/O Sadashiv Minde v. the State of Maharashtra Thr. Its the Principal Secretary the Revenue and Forest Department and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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