Bombay High Court
LAXIMEN BHAUSAHEB PUREKARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The failure to ensure the petitioner's presence during the spot inspection is a fundamental breach of natural justice and statutory provisions, leading to the quashing of the order.
Summary
Laximen B. Purekar filed a writ petition challenging an order that confirmed a Tahsildar's decision based on a spot inspection conducted without his presence. The court examined the panchnama and found that the inspection was carried out behind the petitioner's back, violating the Mamlatdar’s Courts Act, 1906. This procedural lapse was held to be a breach of the principles of natural justice, particularly the right to be heard and to be present during evidence collection. Consequently, the court did not consider the merits of the case and chose to quash the impugned order. The Tahsildar was directed to give a fair hearing, issue notices to interested parties, and pass a fresh order within three months.
Issues considered
- Whether a spot inspection conducted without the presence of the affected party violates the statutory provisions of the Mamlatdar’s Courts Act, 1906.
- Whether such a procedural violation constitutes a breach of natural justice warranting the quashing of the order.
Legislation cited
Subjects
- natural justice
- spot inspection
- procedural fairness
- Mamlatdar’s Courts Act
- quashing order
- writ petition
- administrative law
Judgment
2026:BHC-AUG:9998
74 WP No.11271.2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11271 OF 2021
LAXIMEN BHAUSAHEB PUREKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Mr. Ganesh J. Kore
AGP for Respondents-State : Ms. D. S. Jape
Advocate for Respondent No. 4 : Mr. A. T. Jadhavar
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
Date : 4th March, 2026
PER COURT :-
1. Heard the learned counsel for petitioner as well as
respondents.
2. The petitioner is aggrieved by the order dated 25.08.2021
passed in Revision No. 2021/ROR/CR/-38 by the learned Sub-
Divisional Officer, Kallam thereby confirming the order dated
13.08.2020 passed by the Tahsildar, Kallam.
3. After hearing the learned counsel for respective sides and
upon perusing the panchnama (at page 32-A) and the subsequent order
passed by the Tahsildar, it is evident that the inspection was conducted
74 WP No.11271.2021
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in the absence of the petitioner. By effecting the panchnama behind the
back of the aggrieved party, the Authority acted in direct contravention
of the statutory provisions of the Mamlatdar’s Courts Act, 1906. Such a
lapse renders the primary evidence of the case legally unsustainable.
4. In that view of the matter, I find that the failure to ensure
the petitioners' presence during the spot inspection constitutes a
fundamental breach of the principles of natural justice. The right to be
heard and to be present during the collection of evidence is a core legal
protection. On this ground alone, and without going into the merits of
the case, I am inclined to allow the petition.
5. In light of the aforementioned procedural illegality, the
writ petition is allowed. The order dated 25.08.2021 passed in Revision
No. 2021/ROR/CR/-38 by the learned Sub-Divisional Officer, Kallam, is
hereby quashed and set aside.
6. The Tahsildar is directed to provide a fair opportunity of
hearing to all parties, issue notices to other interested persons and pass
a fresh order in accordance with the law within a period of three
months from today.
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7. Pending civil applications, if any, also stand disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
Omkar Joshi
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