GODREJ & COYEE MANUFACTURING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The challenge raised in this writ petition is to a show cause notice dtd. 24/1/2025 issued by the Tahsildar purportedly in exercise of powers conferred by Sec. 48(7) and (8) of the Maharashtra Land Revenue Code, 1966.

(3.) It is urged by the learned Senior Advocate for the petitioner that the show cause notice suffers from jurisdictional defect in view of the fact that the same has been issued in a manner contrary to the law laid down by the Supreme Court in Promoters and Builders Association of Pune Vs. State of Maharashtra and Ors., (2015) 12 SCC 736 and the judgment of this Court in IKEA India Private Limited and Anr. Vs. State of Maharashtra, through Revenue and Forest Department and Ors., 2024 SCC OnLine Bom 1029. To substantiate this aspect, the petitioner had filed an application dtd. 4/2/2025 before the Tahsildar seeking dropping of the show cause notice. It is then submitted that despite aforesaid, the Tahsildar after issuance of the show cause notice has sought to collect material evidence in the form of taking steps by utilizing an "ETS Machine". A grievance is also raised as regard the clarity of the ETS Report that has been provided. It is thus submitted that an untenable show cause notice is being adjudicated by the Tahsildar in a manner contrary to law.