SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally with consent of the learned counsel appearing for the parties.

(2.) The challenge is to the order dtd. 21/1/2022 rendered by the Tahsildar, Ghatanji whereby in purported exercise of power under Sec. 48(7)(8) of the Maharashtra Land Revenue Code, 1966 (Code), the petitioner is saddled with penalty for illegal user of the vehicle which is J.C.B. MH-36-L-6413.

(3.) The order impugned is liable to be set aside on the short ground that in view of mandate of Sec. 48(8)(2) of the Code, such power could have been exercised by an officer not below the rank of Deputy Collector. This view is taken by the Division Bench in judgment dtd. 15/3/2019 in Writ Petition 7165/2018 (Harihar s/o Mahadev Puri Vs. State of Maharashtra and anr.).