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2006 Supreme(Bom) 405

D.D.SINHA, R.C.CHAVAN
AJIT MAJUR KAMGAR SAHAKARI SANSTHA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

D. D. SINHA, J.

( 1 ) HEARD Shri Dhore, learned Counsel for the petitioner, and Shri Mujumdar, learned Assistant Government Pleader for the respondents.

( 2 ) THE petition is directed against the order dated 19-4-1993 passed by the tahsildar, order dated 30-10-1993 passed by the Sub-Divisional Officer, order dated 30-5-1994 passed by the Additional Collector and order dated 8-4-1996 passed by the Additional Commissioner.

( 3 ) SHRI Dhore, learned Counsel for the petitioner, submitted that the proceedings were initiated against the petitioner on the basis of report of Talathi, sultanpur dated 25-1-1993. The Tahsildar concluded those proceedings by passing order dated 19-4-1993 wherein it was held that petitioner has illegally transported hundred brass of minor minerals and as per provisions of section 48 (7) of the Maharashtra Land Revenue Code, fine of rupees forty-five thousand was imposed on the petitioner. It was contended that being aggrieved by the said order, appeal was filed by the petitioner before the Sub-Divisional Officer, who vide order dated 30-10-1993 reduced the said fine to rupees seventeen thousand. Though the fine was reduced by the Sub-Divisional Officer




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