CHAGANLAL TARACHAND RAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mrs. Sirpurkar, the learned Counsel for the petitioner, and Shri Deopujari, learned A. G. P. for the State.

(2.) THE petitioner apparently started using 263 sq. mts. of land in Survey no. 195 of Nerpersopant for non-agricultural purpose. He did not obtain any permission for converting the use of this land for non-agricultural purpose. The non-agricultural purpose for which he put the land for commercial and residential.

(3.) THE Tahsildar, therefore, issued a show cause notice to him. Even though the land belonged to the Gram Panchayat, no notice was issued to the Gram Panchayat. In addition to replying to show cause notice to explain why he is using the land for non-agricultural purpose. The petitioner also made an application for regularising the use of the land for non-agricultural purpose. By merely consulting the other charges, the Additional Tahsildar regularised unauthorised use of the land for non-agricultural purpose, in exercise of his powers under sections 45, 47 (b) and 114 of Maharashtra land Revenue Code, 1966 (for short "the Code" ). In pursuance to the regularisation, the Additional Tahsildar granted a Sanad under section 44 of the Code.