CiteTEXT
...have arisen in this matter for our consideration are as follows:
I) Whether the provisions contained in Section 48 of the Maharashtra Land Revenue Code, 1966 would apply to “minor...minerals”?
II) When any action is to be taken for breach of the provisions contained in Section 48 of the Maharashtra Land Revenue Code, 1966 or those contained in the ...etc. of minor minerals, which of the two different sets of provisions as contained in Section 48 of the Maharashtra Land Revenue Code, 1966 or in Rule 78 of the Rules of 2013, would prevail...
...No.490/2020 registered with Gangakhed Police Station, District Parbhani for the offence punishable under Section 379 read with Section 34 of the I.P.C. and under Section 48 of the
1
...revenue officers exhaust the power conferred upon them under Section 48 of the Maharashtra Land Revenue Code. He therefore submits that both the conditions being unwarranted, be quashed a.... opposes the application. She submits that both the conditions are legal. Even without imposing such conditions, the revenue authorities have independent powers under Section 48 of the Maharashtra Land ...
...by learned Tahsildar, Taluka-Karveer, District-Kolhapur, imposing penalty and other expenses to the tune of Rs. 1,79,56,500/- as per the provisions of Section 48 of Maharashtra Land Revenue Code, ....
3. Considering the submission of learned counsel for Petitioners that the respondents failed to consider the provisions of Section 48(7) of the Maharashtra Land Revenue Code at t...
...upon to explain why penalty should not be imposed under section 48(7) of the maharashtra land revenue code, for extracting the sand and dubber illegally. The Sub-Divisional Officer, Mehekar, witho...petition, the petitioner has sought a declaration in Prayer Clause 11 to the effect that the provisions of section 48(7) of the maharashtra land revenue code being beyo.... 679 concludes the issue about the legislative competence of the State Government for enacting a provision of section 48(7) of the maharashtra land revenue ...
...offences punishable under Sections 353, 332, 504, 506, 143, 149, 188 of the Penal Code, 1860 and under Section 48(7), 48(8) of the Maharashtra Land Revenue Code, as also under ...offences punishable under Sections 353, 332, 504, 506, 143, 149, 188 of the Penal Code, 1860 and under Section 48(7), 48(8) of the Maharashtra Land Revenue Code, as also under ....
5. It has been alleged in the complaint that the present applicant has pushed the homeguard on duty and thus alleged to have committed offence under Section 353 of the Penal Code, 1860...
...without jurisdiction because on that date the relevant provision of the Maharashtra Land Revenue Code i.e. Section 48 specifically provided that such an action could be taken by a revenue...to be any specific answer to the aforesaid question of jurisdiction raised on behalf of the petitioner.
6. A perusal of the relevant provision i.e. Section 48 of the Maharashtra ...Maharashtra Land Revenue Code, 1966.
4. The learned counsel for the petitioner has made submissions on the merits of the matter to the effect that both the...
...this writ petition, the petitioner has impugned the order of the SubDivisional Officer, Akot, dated 2.9.2016 imposing penalty on the petitioner under Section 48(7) of the Maharashtra Land ...the petitioner was seized under Section 48(8) of the Code and the petitioner was directed to pay the penalty in the proceedings under Section 48 (7) on the ground that the...Section 48(8) of the Code and also could not have initiated the penalty proceedings under Section 48(7) for not covering the sand, during transportation. It is stated that...
...discretion of Tahsildar only upon that volume of sand which was in excess of 3.00 brass of permitted sand in terms of the provisions contained in Section 48(7) of the Maharashtra Land Revenue Code...release of the seized vehicle in partial compliance with the provision contained in Section 48(2) of the Maharashtra Land Revenue Code. There is no full compliance with this provision as it would ...transportation of excess sand by the truck in question, in accordance with the provision contained in Section 48(7) of the Maharashtra Land Revenue Code.
5. The...
...-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...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 transporta...Bank and another, reported in (2000) 4 SCC 406, it is urged by the learned Assistant Government Pleader Shri Patil that the provision of sub-section (8) of Section 48 under the Maharashtra Land ...
...Penal Code, 1860 and Section 48 of the Maharashtra Land Revenue Code, 1966 and Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 is seeking anticipatory...C.V. Bhadang, J.:— The Applicant, apprehending arrest, in connection with the Investigation of Crime No. 9 of 2021 registered at Baramati Police Station, Pune Rural, under Section 379 of...
...if the petitioner in the said writ petition deposits Rs. 1,00,000/- with the Tahsildar, the truck be released and also directed to furnish personal bond as contemplated under Section 48(8)(2) of the Maharashtra ...furnish personal bond as contemplated under Section 48(8)(2) of the Maharashtra Land Revenue Code, 1966....
...earth, under Section 48(7) of the Maharashtra Land Revenue Code, 1966. 2. The petitioner was awarded a contract by the respondent no.3Maharashtra St...refilling the dug up pits, the provisions of Section 48(7) of the Maharashtra Land Revenue Code, 1966 would not be attracted as the earth utilized for the aforesaid purp...similar order passed by the revenue authorities under the provisions of Section 48(7) of the Maharashtra Land Revenue Code. 4. Shri K.L. Dh...
...2015. By the said Act No. XXVII of 2015, an amendment has been made to Section 48 of the Maharashtra Land Revenue Code 1966 (for short “the said Code”). Amended sub-section 8 of ...(b) is for challenging order under sub-section 7 of Section 48 of the said Code passed on 6 August 2016. As far as orders under sub-section 7 of ...-section 8(i) of Section 48 of the said Code. The affidavit to state whether the seized vehicle was produced in terms of clause (ii) of sub-section 8 of Section ...
...1. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the respective parties. 2. The petitioner is seeking a direction to the respondents to release a vehicle bearin...) of Section 48 of the Maharashtra Land Revenue Code. He.... 5. To deal with the contentions raised by the petitioner, we have to consider as to whether the provisions of subsections (7) and (8) of Section 48 of the Code are attracted...
..., registered with the Satpati Police Station, Palghar for the alleged offences punishable under Sections 379, 224, 413 r/w 34 of the Penal Code, 1860 and under Section 48(7) of Maharashtra Land ...Revati Mohite Dere, J.:— Heard learned Counsel for the applicant.2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 48 of 2019...
...-section 8 of Section 48 of the Maharashtra Land Revenue Code, 1966 (the said Code) as amended by Maharashtra Ordinance No. 12 of 2015, subject to Petitioner filing a bo...will have to be released.
3. We, accordingly direct that, subject to Petitioner complying with clause 2 of sub-section 8 of Section 48 of the said Code, the truck which is seized be...undertaking is accepted.
5. As far as the demand of penalty is concerned, the Petitioner shall pursue the statutory remedy available under the said Code, i.e. the Petitioner will file an...
...-section 8 of Section 48 of the Maharashtra Land Revenue Code, 1966 (the said Code) as amended by Maharashtra Ordinance No. 12 of 2015, subject to Petitioner filing a bo...will have to be released.
3. We, accordingly direct that, subject to Petitioner complying with clause 2 of sub-section 8 of Section 48 of the said Code, the truck which is seized be...undertaking is accepted.
5. As far as the demand of penalty is concerned, the Petitioner shall pursue the statutory remedy available under the said Code, i.e. the Petitioner will file an...
.... 2571 of 2016. The said order was passed in facts identical to the present case. The Division Bench having regard to Clause 2 of Sub-section 8 of Section 48 of the Maharashtra Land ...filing a bond and furnishing security in terms of Clause 2, of Sub-section 8 of Section 48 of the Maharashtra Land Revenue Code.B] Since the Appea...demand of penalty is concerned, the statutory remedy of the Petitioner under the Code was kept open by the Division Bench. In the light of the order passed by the Division Bench in the said Writ...
...the case of the Petitioner Nos. 2 to 10 that apart from seizure of the sand, even the dumper has been seized.2. Section 48 of the Maharashtra Land Revenue Code, 1966 as amended by...made, the Respondents shall consider and process the same in terms of clause 2 of sub-section 8 of section 48 of the said Code. The Petitioners shall furnish a bond and...after the Petitioners complying with clause 2 of sub-section 8 of section 48 of the said Code. The Petitioners' application should be processed, on merits and in accordance...
...the Writ Petition No. 8243 of 2018 (Sharad Ganpat Saundile and anr. -Vs-State of Maharashtra and ors.) on 05.12.2018 has held that, as per the provisions of Section 48(7) of the Maharashtra ...//
1] State of Maharashtra, Through its Secretary, Ministry of Revenue and Department, Mantralaya, Mumbai.
2] The Additional Collector, Akola, Distt. Akola...Gawarguru Aged about 48 years, Occ.-Agriculturist, Both R/o At Kheldeshpande, Tq. Telhara, Distt. Akola.
…. PETITIONERS
// VERSUS...