HARIOM KRISHI KENDRA Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-2-33
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on February 21,2020

Hariom Krishi Kendra Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.K.DESHPANDE, J. - (1.) Writ Petition No.7056 of 2018 challenges the order dated 26-9-2018 passed by the respondent No.2- Additional Collector, Chandrapur in exercise of his power conferred by sub-section (7) of Section 48 of the Maharashtra Land Revenue Code, 1966 imposing penalty of Rs.2,13,44,400/- for unauthorizedly extracting 2,541 brass of sand from unallotted Survey Nos.159, 158 and 157 of Mouza Halda.
(2.) Writ Petition No.4268 of 2018 challenges the order dated 12-2-2018 passed by the Sub-Divisional Officer, Warora seizing and confiscating the vehicles ­ Tractor No.MH-34L-7064 and Trolley No.MH-34L-7065 on 13-12-2017 under sub-section (8) of Section 48 of the Maharashtra Land Revenue Code for illegal and unauthorized transportation of 100 brass of sand without permit. The order imposes the fine of Rs.2,00,000/- for release of the vehicles and requires the petitioner to execute a bond. Different views :
(3.) Relying upon the decision of the learned Single Judge [Shri S.G. Gupte, J.] passed on 23-8-2017 on the preliminary objection raised in Writ Petition No.4401 of 2017 [M/s. Bhandara Traders, Bhandara, through its Proprietor v. State of Maharashtra and others], which follows the decision of the Apex Court in the case of Kaushalya Rani v. Gopal Singh, reported in AIR 1964 SC 260, Shri Sunil Manohar, the learned Senior Advocate, assisted by Advocate Ms Ramaa Kukday for the petitioner in Writ Petition No.7056 of 2018, has urged that the matter falls within the jurisdiction of the learned Single Judge. According to him, the Maharashtra Land Revenue Code cannot be considered as a special statute in terms of the third proviso below Rule 18 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960 so as to exclude it from the jurisdiction of the learned Single Judge.;


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