Nagpur: The Nagpur Bench of the Bombay HC has asked the Divisional Commissioners of Amravati and Nagpur to file their personal affidavits. The steps taken by him to ensure that the officers of his subordinates act in accordance with the law laid down by the court are to be clearly explained.
This direction came during the hearing of Ashif Siddiqui petition through advocate Ashwin Ingole, who challenged the notice issued by Arvi Tehsildar in Wardha district on March 14.
The Tehsildar had sought a thorough explanation as to why a fine of about Rs 1,92,400 should not be imposed on him for using the truck for illegally transporting sand. Which was confiscated by him. The Tehsildar had also referred to the government notification dated January 12, 2018. He had also accused the petitioner of using his vehicle without any transit pass.
Courts require the divisional commissioners
Justice Rohit Deo has also stated that on the date of 15 March 2019, The HC had held that under the Maharashtra Land Revenue Code, an order imposing a fine for illegal use of a vehicle can be passed by only one officer. Which is not at all below the rank of Deputy Collector.
The judge observed that in spite of the official expression of the Division Bench, he has observed that the same court is flooded with petitions every day, Thereby it becomes known that the Tehsildar, who is irrefutably unauthorized and incapable of imposing a penalty for illegal use of the vehicle, is passing similar orders.
Asking the Respondents to file an affidavit before the date of April 4, believing that a lot of precious time of the Court is wasted and, in the same process, cause litigants to suffer financially and otherwise, on account of unnecessary litigation, These courts require the divisional commissioners to file a reply.
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