Bombay High Court Quashes Penalty for Illegal Transportation of Minor Minerals Due to Violation of Natural Justice. Proceedings Initiated Without Hearing Set Aside Under Section 48(7) of Maharashtra Land Revenue Code, 1966.

Writ petition challenging orders imposing penalty for illegal transportation of minor minerals under the Maharashtra Land Revenue Code.

Petitioner sought quashing of orders passed by Tahsildar, Sub-Divisional Officer, Additional Collector, and Additional Commissioner imposing fine for illegal transportation of minor minerals.

Petitioner was penalized for illegal transportation of hundred brass of minor minerals without being given an opportunity of hearing, violating principles of natural justice.

Tahsildar imposed fine of Rs. 45,000 on 19.4.1993; Sub-Divisional Officer reduced fine to Rs. 17,000 on 30.10.1993; Additional Collector set aside Sub-Divisional Officer's order and restored Rs. 45,000 on 30.5.1994; Additional Commissioner dismissed revision on 8.4.1996.

Whether the orders imposing penalty were passed in violation of principles of natural justice? Whether the petitioner was given an opportunity of hearing before the imposition of penalty?

Petitioner argued that no opportunity of hearing was given at any stage, violating principles of natural justice. Respondents argued that the orders were passed after due consideration of the material on record.

Orders imposing penalty without giving an opportunity of hearing violate principles of natural justice and are liable to be set aside. The matter must be remanded for fresh adjudication after affording a reasonable opportunity of hearing to the affected party.

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. 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, petitioner was not satisfied with the order and, therefore, filed second appeal before the Additional Collector against the order of the Sub-Divisional Officer. Though respondent State did not prefer appeal against the order of Sub-Divisional Officer, the Additional Collector set aside the order of Sub-Divisional Officer and restored the order of the Tahsildar imposing fine of rupees forty-five thousand. Being aggrieved by the order of the Additional Collector, petitioner preferred revision before the Additional Commissioner, who dismissed the same. Shri Dhore, learned Counsel for the petitioner, submitted that at no point of time the petitioner was given an opportunity of hearing and the orders were passed in violation of principles of natural justice. Shri Mujumdar, learned Assistant Government Pleader for the respondents, submitted that the orders were passed after considering the material on record and there is no violation of principles of natural justice. We have considered the submissions made by the learned Counsel for the parties. It is not in dispute that the petitioner was not given an opportunity of hearing before passing the impugned orders. The orders have been passed in violation of principles of natural justice. Hence, the impugned orders are liable to be set aside. In the result, the petition is allowed. The impugned orders are set aside. The matter is remanded to the Tahsildar for fresh adjudication after giving an opportunity of hearing to the petitioner. The Tahsildar shall decide the matter afresh within three months from the date of this order.

Proceedings initiated based on Talathi report dated 25.1.1993. Tahsildar passed order on 19.4.1993 imposing fine of Rs. 45,000. Petitioner appealed to Sub-Divisional Officer who reduced fine to Rs. 17,000 on 30.10.1993. Petitioner filed second appeal to Additional Collector who set aside Sub-Divisional Officer's order and restored Rs. 45,000 on 30.5.1994. Petitioner filed revision to Additional Commissioner who dismissed it on 8.4.1996. Petitioner then filed writ petition in High Court.

• Maharashtra Land Revenue Code, 1966: 48(7)