Manish S/O Keshavrao Deshmukh v. the Sub - Divisional Officer, Karanja, Washim and Another
Case brief
What is this about?
Maharashtra Land Revenue Code Section 48(7) Section 48(8); Tahsildar lacks jurisdiction to impose penalty on vehicle; power vests in Collector, delegable to officer not below Deputy Collector rank i.e. SDO; illegal transportation of sand; fine and penalty on mineral; quashing of Clause 1(A) of Tahsildar order dated 30.03.2021 and SDO appellate order dated 31.08.2021 to extent of Rs. 2,00,000/-; liability to pay Rs. 1,42,800/- retained; reliance on Shankar Bhoyar v. State of Maharashtra, W.P. No. 514 of 2022 (Bom HC Nagpur, 21.03.2022); writ petition partly allowed; Bombay High Court Nagpur Bench; Rohit W. Joshi, J.; 03.10.2025.
What did the court decide?
Clause 1(A) of the Tahsildar's order dated 30.03.2021 (Revenue Case No. MNL-37/Karanja/117/2020-2021) quashed and set aside; the Sub-Divisional Officer's appellate order dated 31.08.2021 (Revenue Case No. MNL-37/Karanja/12/2020-2021) quashed and set aside with respect to Rs. 2,00,000/-; petitioner directed to pay Rs. 1,42,800/- in terms of the order dated 30.03.2021 after adjustment.