Maharashtra land revenue code
miss.munnowara f. pakajade
(Querist) 24 January 2013
This query is : Open
respected, thanks to all experts for replying my all previous queries. now, i am representing a case under maharashtra land revenue code. facts are, a tahasildar visits the site of land excavation and issue notice of fine and royalty of rs.30,00,000/- for illegal excavation of 1500 bras soil and also tahsildar seized the dumper , jcb , pokeland machine of my client which were used for excavation work. the tahaslidar take this action under s.48 of land revenue code.the machine owners give those machines on rent to a person who has undertaken the work of excavation. now the position is that, tahsildar has issued notice of show cause as why criminal proceedings should not be started against a person who has undertaken excavation work. till now, machines are in possession of tahsildar. now, my client want back the possession of those machines as they are not concerned with payment of royalty or fine, as they given those machines only for rent. my query is under which Act i should proceed for taking back possession of those machines? whether we can apply under s.451 of CR.P.C.for order of custody of property pending trial? thanking you!
