1 wp9069.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9069 OF 2010 Eknath Patilbuva Lande and another ...Petitioners vs. The State of Maharashtra & Ors. ...Respondents Mr.R.B.Raghuwanshi and Ms Rutuja Ambekar for the petitioners Ms M.S.Bane, A.G.P for the respondent nos.1 to 4 CORAM :A.S.OKA,J. DATE : NOVEMBER 30,2010 P.C.: 1 Heard the learned counsel for the petitioners and the learned A.G.P for the respondent nos.1 to 4. As of today, the challenge is to the initiation of action by issuing a show cause notice. On perusal of the order dated 2nd August 2010, it is very clear that what is stated therein cannot be read to mean that a conclusion is already recorded regarding unauthorised transfer. Whether there is an unauthorised transfer or not is an issue which will have to be decided in the enquiry. The show cause notice has been issued in purported exercise of power under sub-section 3 of section 36 of the Maharashtra Land Revenue Code,1966. If the said proceedings under the said sub section are incompetent or illegal, the said issue can always be raised by the petitioners by filing a reply before the Sub-Divisional Officer. If such objection is raised, the Sub-Divisional Officer is bound to consider the same. 2 In view of what is observed above, no interference is called for at this stage. Hence, the petition is 2 wp9069.sxw disposed of by keeping all contentions of the petitioners open. If the order passed by the Sub Divisional Officer on the basis of the show cause notice is adverse to the petitioners, the same shall not be acted upon for a period of four weeks from the date of communication of the same to the petitioners. 3 Concerned authority to act upon an authenticated copy of this order. JUDGE