VASANTI A NAIK, J.

1. By this writ petition, the petitioner challenges the order of the Tahsildar, dated 08.06.2011 directing the petitioner to pay the royalty and penalty for the illegal excavation of earth, under Section 48(7) of the Maharashtra Land Revenue Code, 1966.

2. The petitioner was awarded a contract by the respondent no.3Maharashtra State Power Generation Company Limited for the construction of 1X500 MW Thermal Power Project at Khaparkheda. In terms of the contract, the petitioner was required to erect buildings and structures for setting up of the power project. While erecting the structures as per the contract, the petitioner was required to dig the project site and excavate the earth for the purpose of laying the foundation of the structures. It is the case of the petitioners and it is not disputed by the respondents that the excavated earth was utilized in the construction of the project and the dug up pits were filled. When the project reached the stage of completion, the Tahsildar served a notice on the petitioner asking it to show cause as to why penalty should not be imposed on the petitioner for illegally excavating the earth from the construction site