Created by Fuzzy Cloud

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
                                                -1-

                       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
                                    -2-

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.
                                                        74 WP No.11271.2021
                                     -3-




7.            Pending civil applications, if any, also stand disposed of.




                                           (SIDDHESHWAR S. THOMBRE, J.)


Omkar Joshi


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.