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2021 Supreme(Bom) 1771

S.J.KATHAWALLA, MILIND N.JADHAV
P. S. C. Pacific – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Girish S. Godbole, Advocate, Drupad S. Patil, Advocate, M. P. Thakur, Advocate

JUDGMENT

1. By the present Writ Petition, the Petitioner has prayed for the following reliefs:

    "(a) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other Writ, Order or direction in the nature of Mandamus thereby directing the Tahsildar, Taluka Mulshi Respondent No.5 herein to forthwith withdraw and / or cancel the impugned order 11/8/2010 issued to the Petitioner in purported exercise of powers conferred by sec. 48 of the M.L.R. Code, 1966 being Exhibit Q to this Writ Petition;

      (b) That this Hon'ble Court may be pleased to issue a Writ of Certiorari or any other Writ, Order or Direction in the nature of Certiorari thereby quashing and setting aside the impugned order dated 11/8/2010 issued by the Tahsildar Mulshi, Respondent No.5 herein to the Petitioner in purported exercise of powers conferred under Section 48 of the M.L.R.Code, 1966; being Exhibit Q respectively to this Writ Petition;

        (c) That it be held and declared that the Tahasildar, Taluka Mulshi, Respondent No.5 herein does not have any authority and jurisdiction to levy and demand royalty and / or penalty for the material excavated from the lands of Village Hinjewadi, Taluka Mulshi, District Pune

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