Bombay High Court

HULE CONSTRUCTION PRIVATE LIMITED THROUGH ITS MANAGER SHRIKANT D KAWADEversusTHE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: AJIT B KADETHANKAR

Holding

The Court ordered that no coercive action be taken against the petitioner until it files an appeal or revision under Section 48(7) of the Maharashtra Land Revenue Code, and disposed the writ petition.

Summary

The petition was filed under Article 227 of the Constitution challenging an order dated 18.05.2026 issued by the Tahsildar, Akole, under Section 48(7) of the Maharashtra Land Revenue Code, 1966, which directed Hule Construction Private Limited to store excavated material from a percolation‑tank project. The petitioner contended that the notice was omnibus, that specific instructions had been given to prevent water‑logging, and that it would approach the statutory appellate forum for relief. The Court observed that the Code provides a specific appeal/revision remedy before the Sub‑Divisional Magistrate and that the petitioner was willing to avail it. Accordingly, the Court directed that no coercive action be taken against the petitioner until it files an appeal or revision by 19 June 2026, and that any stay application be decided by the appellate authority on its merits. The writ petition was thereafter disposed.

Issues considered

Whether the order of the Tahsildar under Section 48(7) of the Maharashtra Land Revenue Code can be stayed pending the filing of a statutory appeal or revision.
Whether the petitioner is entitled to interim protection from coercive action under Article 227 of the Constitution.

Legislation cited

Constitution of India — s. Article 227
Maharashtra Land Revenue Code, 1966 — s. 48(7)

Subjects

Article 227
Maharashtra Land Revenue Code
Section 48(7)
percolation tank
stay of execution
interim relief
writ petition
construction contract

Judgment

2026:BHC-AUG:22063

(1) 918 WP 5482 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

918 WRIT PETITION NO. 5482 OF 2026

HULE CONSTRUCTION PRIVATE LIMITED THROUGH ITS MANAGER
SHRIKANT D KAWADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS
...
Mr. M. S. Bhosale, Advocate for the Petitioner
Mr. S. R. Wakale, AGP for Respondent/s – State
…

CORAM : AJIT B. KADETHANKAR, J.
(VACATION COURT)
DATE : 02.06.2026

PER COURT :-

1. This petition is filed under Article 227 of the Constitution of

India. The petitioner is aggrieved by the order dated 18.05.2026 passed by the

Tahsildar, Akole under Section 48(7) of the Maharashtra Land Revenue Code,

1966.

2. Mr. M. S. Bhosale, learned Advocate for the petitioner would

submit that the petitioner has undertaken the construction of a percolation

tank as per the work entrusted to him by the said authority. He would submit

that the contents of the notice dated 18.05.2026 are not specific, but are

apparently omnibus in nature. He submits that while the work was entrusted

to the petitioner, specific instructions were given to him to store the excavated
(2) 918 WP 5482 OF 2026

material at an appropriate place so as to ensure that the excavated material

would not cause any hindrance to the flow of water and would not result in

waterlogging.

3. After hearing the matter for some time, Mr. Bhosale, learned

Advocate fairly submits that the petitioner has a statutory remedy of filing an

appeal/revision before the Sub-Divisional Magistrate/Sub-Divisional Officer

under the Maharashtra Land Revenue Code and that the petitioner would file

such appeal/revision on or before 12.06.2026. He submits that till the

petitioner files such appeal/revision, the authorities be directed not to take

any coercive action against the petitioner pursuant to the notice dated

18.05.2026. The Maharashtra Land Revenue Code provides an

appellate/revisional remedy to the petitioner to challenge the order passed by

the Tahsildar under Section 48 (7) of the Code of 1966. The petitioner has

fairly accepted statutory position and has show his willingness to approach

such appellate authority.

5. The petitioner may file an appeal/revision before the appropriate

authority against the impugned notice/order dated 18.05.2026 on or before

19.06.2026. Till then, in the interest of justice, it is directed that no coercive

action shall be taken against the petitioner. If such appeal/revision is filed by
(3) 918 WP 5482 OF 2026

the petitioner, the concerned authority shall deal with such appeal/revision

and the stay application, if any, on its own merits and without being

influenced by this order. All contentions are kept open.

6. The writ petition stands disposed of.

[AJIT B. KADETHANKAR, J.]
PRW

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