1 wp 5762.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5762 OF 2026 Altaf Baldar Shah, age 31 years, Occ. Business, Adarsh Nagar, Shrirampur, Tq. Shrirampur, Dist. Ahilyanagar. Petitioner. Versus 1. The State Of Maharashtra Through The Secretary, Revenue and Forest Department, Mantralaya, Mumbai -32. 2. The Collector, Collector Office, Ahilyanagar, Tq. & Dist. Ahilyanagar. 3. The Sub Divisional Officer, Shrirampur, Tq. Shrirampur, Dist. Ahilyanagar. 4. The Tahsildar, Tahsil Office, Shrirampur, Dist. Ahilyanagar. Respondents. ... Advocate for Petitioner : Mr. A.B. Kharosekar AGP for Respondents: Mr. K.S. Patil … CORAM : S. G. CHAPALGAONKAR, J. Dated : June 22, 2026 ... FINAL ORDER :- 1. The petitioner takes exception to the order dated 24.05.2026 passed by the Tahsildar, Shirampur in file No.Kavi/Gau/Kha/Dand/04/2026 as well as show-cause notice 2026:BHC-AUG:24660 2 wp 5762.2026.odt dated 27.05.2026 bearing No.COLAHM-47017(18)/31/2026- SDO, issued by Sub-Divisional Officer, Shirampur. 2. The petitioner is owner of vehicle bearing registration no.MH-14-BJ-4216. A inspection squad, under supervision of the Naib-Tahsildar, Shirampur seized petitioner's vehicle under the pretext that it was carrying 1.5 brass of stone metal/Khadi. The report dated 24-05-2026 alongwith seizure panchanama was forwarded to Tahsildar, Shirampur, who passed order under section 48 (7) of the Maharashtra Land Revenue Code, 1966 (for short MLR Code) imposing fine of Rs.26,290/- against petitioner. Further, based on report of Tahsildar, Shirampur, Sub Divisional Officer, Shirampur issued a show- cause notice dated 27-05-2026 to petitioner in terms of section 48 (7) and (8) of MLR Code as to why penalty of Rs.5,50,000/- shall not be imposed against petitioner for illegal use and transportation of the vehicle. 3. Mr. A.B. Kharosekar, learned advocate appearing for petitioner submits that, it is well settled that the stone metal/ Khadi does not fall within meaning of minor-mineral and, therefore, action taken by Respondents-Authorities under impugned order and show-cause notice is patently illegal. In support of his contentions, he relies upon Division Bench Judgment of this Court in case of Ramakant Krishna Patil Vs. 3 wp 5762.2026.odt State of Maharashtra in Writ Petition No.10744 of 2024 decided on 11-06-2025 as well as the order of learned Single Judge of this Court in case of Vishal s/o Laxman Shinde Vs. The State of Maharashtra and others in Writ Petition no.8194 of 2022 decided on 25.08.2022. 4. Apparently, panchanama dated 24.05.2026 clearly depicts that petitioner's vehicle has been seized on the ground that it was used for transportation of Gitti/stone metal. Panchanama nowhere shows quantity of material loaded in the vehicle. The Tahsildar, Shrirampur passed impugned order dated 24.05.2026 invoking section 48 (7) of MLR Code, whereby fine of Rs.26,290/- has been imposed upon petitioner alleging that petitioner's vehicle was found transporting minor vehicle without authorization. The impugned show-cause notice dated 27.05.2026 is based on very same panchanama, whereby Sub-Divisional Officer, Shirampur citing provisions of section 48 (7) and (8) of MLR Code issued show-cause notice to petitioner as to why penalty of Rs.5,50,000/- shall not be imposed against him since his vehicle was found carrying Gitti/metal stone. 5. At this stage reference can be given to the observations of Division Bench of this Court in case of Pralhad Vishnu Wayade and others Vs. The State of Maharashtra and others 4 wp 5762.2026.odt dated 19.3.2010 in WP no.4077 of 2009 (Nagpur), wherein this Court has specifically observed that Gitti or Metal Stone is a finished product and it would neither be appropriate nor permissible for the authorities to invoke action in terms of section 48 (7) and (8) of the MLR Code. The aforesaid view has been reiterated by the Division Bench of this Court in case of Ramakant Krishna Patil (supra). Similarly, in case of Ashapuri Enterprises Through Karmiram B. Choudhary Vs. State of Maharashtra and others (Writ Petition no.3957 of 2023 decided on 14-12-2023) this court observed as under :- “4. Ms. Mishra relied upon a judgment of the Division Bench of this Court in Pralhad s/o Vishnu Wayade and ors. Vs. The State of Maharashtra and ors and an order passed by the learned Single Judge of this Court in Vishal s/o Laxman Shinde Vs. The State of Maharashtra and ors to submit that Gitti or Khadi are not minerals and hence the question of obtaining any transit pass or payment of any royalty does not arise.” 6. In light of aforesaid legal position and factual backdrop of present case, this Court finds that action under impugned order passed by Tahsildar and show-cause notice issued by the Sub-Divisional Officer against petitioner for transportation of stone metal/Gitti is without jurisdiction, hence liable to be quashed and set aside. 7. In result, Writ Petition is allowed in terms of prayer clause ‘B’. The Respondents Authorities shall forthwith release 5 wp 5762.2026.odt petitioner's vehicle bearing registration no.MH-14/BJ-4216 and refund the penalty, if any, deposited by him in pursuance to the impugned order. Writ Petition stands disposed off. ( S. G. CHAPALGAONKAR ) Judge … aaa/-f