Disposed

Imamkhan Amirkhan v. the State of Maha. Thr. Its Secretary, Revenue and Forest Dept. Mumbai and Another

Bombay HC21 Mar 2024WP/1965/2024

Case brief

AI extract

What is this about?

Petition challenged a Tahsildar, Akot order passed without hearing the petitioner, who was told matters stood adjourned. The State conceded the published notice did not relate to the proceeding. The High Court quashed the ex parte order and directed fresh decision after granting hearing.

What did the court decide?

Impugned Tahsildar order quashed and set aside; matter to be decided afresh with opportunity of hearing and reply to the petitioner.

Imamkhan Amirkhan vs the State of Maha. Thr. Its Secretary… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:6148

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1 37.WP.1965-2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 1965 OF 2024

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( Imamkhan Amirkhan

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Vs.

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The State of Maharashtra, Thr. Its Secretary, Revenue and Forest Department, Mantralaya, Mumbai & Anr. )

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. V.B. Bhise, Advocate for the Petitioner. Mrs. Mrunal Naik, AGP for the Respondents/State.

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CORAM: N.R. BORKAR, J.

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DATED : 14^th JUNE, 2024

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Heard.

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2 . This Petition takes exception to the order dated 27.02.2024 passed by the Respondent No.2/Tahsildar, Akot in Rev.Case No. MNL-37/Akot Part-2/438/2022-23.

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3 . In the aforesaid proceedings, notice was issued to the present Petitioner and he was asked to appear on 26.02.2024.

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4 . According to the Petitioner, on 26.02.2024 when he visited the office of the Respondent No.2/Tahsildar, he was informed that all the matters listed on that day would be taken on 01.03.2024 and even notice was published to that effect on the notice board. According to the Petitioner, he thus left the office of Respondent No.2/Tahsildar. According to the Petitioner, when he again visited the office of Respondent

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2 37.WP.1965-2024.odt

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No.2/Tahsildar on 01.03.2024, he was informed that the order is already passed on 27.02.2024.

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5 . The learned AGP for the Respondents/State, on instructions submits, that the notice (page 19) was published. However, according to the learned AGP for the Respondents/ State, the said notice was not in relation to the present proceeding.

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6 . Be that as it may, the fact remains that the order impugned came to be passed without hearing the Petitioner.

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7 . In that view of the matter, the impugned order is hereby quashed and set aside. The Respondent No.2/Tahsildar, Akot shall decide the matter afresh in accordance with law.

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8 . Needless to say that, the Respondent No.2/Tahsildar, Akot shall grant opportunity of hearing including filing of reply, if any, to the Petitioner before passing fresh order.

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9 . The Petition is disposed of in the above terms. No costs.

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10 . Pending application/s, if any, shall stand disposed of accordingly.

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(N.R. BORKAR, J.)

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SD. Bhimte

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Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 15/06/2024 15:28:18

Imamkhan Amirkhan v. the State of Maha. Thr. Its Secretary, Revenue and Forest Dept. Mumbai and Another

Case brief

What is this about?

What did the court decide?

Imamkhan Amirkhan v. the State of Maha. Thr. Its Secretary, Revenue and Forest Dept. Mumbai and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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