Shoyeb Nazeer Shaikh v. The State Of Maharashtra Through Govt. Pleader And ORS

wp2571 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.2571 OF 2016 Shoyeb Nazeer Shaikh

...Petitioner

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.A.S.Khandeparkar i/b Khandeparkar & Associates for the Petitioner Ms M.P.Thakur, AGP for the State CORAM : A.S.OKA, & R.D.DHANUKA, JJ.

DATE : MARCH 4, 2016 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioner and the learned AGP for the respondents. On the basis of the allegation that illegally excavated sand was being transported by a dumper held by the petitioner, apart from seizing the alleged illegal excavated sand, even the dumper by which it was being carried has been seized.

In terms of clause 2 of sub-section 8 of section 48 of the Maharashtra Land Revenue Code,1966 as amended by Maharashtra Ordinance No.12 of 2015, subject to petitioner filing a bond and furnishing security, the dumper will have to be released. We, accordingly, direct that subject to

wp2571 petitioner complying with clause 2 of sub-section 8 of section 48 of the said Code, the dumper which is seized be immediately released.

As far as the demand of penalty is concerned, the petitioner has a statutory remedy available under the said Code. The said remedy is kept open. Subject to above directions, the petition is disposed of.

All contentions of the petitioner in support of the prayer clause (b) are kept open.

(R.D.DHANUKA,J.) (A.S.OKA,J.)