Rajpath Infracon Private Limited through Authorized Officer v. the State of Maharashtra through Its Principal Secretary and Others
Case brief
What is this about?
Single-Judge order of the High Court of Judicature of Bombay, Bench at Aurangabad, dated 20.06.2025, in Writ Petition No. 4929 of 2025, Rajpath Infracon Private Limited v. State of Maharashtra. Legality of the Tahsildar, Karjat's order dated 20.01.2025 imposing penalty of Rs. 1,65,280/- under S. 48(7), Maharashtra Land Revenue Code 1966, on tippers found carrying Gitti (Khadi)/metal stone. Held: coercive action by a revenue officer under S. 48 for transportation of Gitti (Khadi) is illegal and ultra vires; penalty imposed without considering the reply to show cause notice; permit requirement under Maharashtra Minor Mineral Extraction (Development and Regulation) Rules 2013 / Government Resolution 09.05.2023 not open to the State as the impugned order did not invoke it; reliance placed on Vishal Laxman Shinde (W.P. 8194/2024), Ashapuri Enterprises (DB, W.P. 3957/2023) and single-Judge orders in W.P. 10900/2023, 3581/2022 and 1470/2025. Petition allowed in terms of prayer clauses 'C' and 'D'. Keywords: Gitti; khadi; metal stone; finished product; minor mineral; S. 48 MLR Code; S. 48(7) penalty; alternate remedy of appeal; Tahsildar Karjat.