Ajit S/O Babaji Kale And ANR v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2119 OF 2021 Ajit S/o. Babaji Kale & Anr.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents Mr.Nitin Gaware Patil for the Petitioners.

Ms.M.P.

Thakur, AGP for the State.

CORAM : S.J. KATHAWALLA, & MILIND N. JADHAV, JJ.

DATE : 24TH JUNE, 2021 (THROUGH VIDEO CONFERENCING) P.C. :

1.

By the above Writ Petition the Petitioners have impugned the Order dated 23. 03.2021 passed by the Respondent No. 3 Tahsildar, Junnar, District Pune and has sought a writ of mandamus directing the Respondent Nos. 2 and 3 i.e. the Collector and the Tahsildar respectively to forthwith release the vehicle of the Petitioner No. 1 namely Hyva Truck Model No. 1618 - LPK, having registration No. MH-04- HS-2300 (the said vehicle).

2.

We have heard the learned Advocate appearing for the Petitioners and the learned AGP at some length.

3.

Admittedly, the impugned Order has been passed a day after the

2 / 3 WP-2119-2021.doc issuance of the Show Cause Notice without giving a hearing to the Petitioner No. 1. There are several submissions which the Petitioners have made in support of their case that the impugned Order is passed without considering the facts in the matter and the applicable legal provisions. In fact, it is inter alia submitted that though the said vehicle is detained since 18.03.2021 on the ground of unauthorized transportation of sand no FIR has been fled till date against the Petitioner No. 1 / Petitioners nor the procedure under Section 48 (8) (2) of the Maharashtra Land Revenue Code, 1966 (MLR Code) of producing the seized vehicle alongwith sand before the Collector within 48 hours of seizure for release has been followed in the present case. It is also submitted that by such illegal detention of the said vehicle the Petitioners have been deprived of their livelihood.

4.

However, as pointed out by the learned AGP, the impugned Order dated 23.03.2021 passed by the Respondent No. 3 is an Appealable Order. 5.

In view of the above, we pass the following Order : i.

Petitioner No. 1 shall within a period of two weeks from today fle an Appeal before the Appellate Authority impugning the Order dated 23.03.2021 passed by the Respondent No. 3 Tahsildar, Junnar, District Pune. The delay if any, in fling the Appeal is condoned.

ii.

The Petitioner No. 1 / Petitioners shall without prejudice to his / their rights and contentions deposit an amount of Rs. 1,50,000/- with the Respondents within a period of one week from the date of uploading of this Order.

3 / 3 WP-2119-2021.doc iii.

The Petitioners shall within one week from the date of uploading of this Order execute a bond, undertaking that they will not sell, alienate or transfer the said vehicle pending the decision of the Appellate Authority in the Appeal to be fled by the Petitioners and that the said vehicle will not be used for transportation of any minerals unauthorizedly.

iv.

Upon the Petitioners complying with clauses (ii) and (iii) above, the Respondents shall forthwith handover the said vehicle to the Petitioner No. 1. v.

The Appellate Authority shall upon being satisfed that clauses (ii) and (iii) above have been complied with by the Petitioners, hear the Petitioners and decide the Appeal fled by the Petitioners strictly on its merits and without being infuenced by this Order, within a period of 4 weeks from the day of its fling. The Appellate Authority shall in its Order deal with all the submissions advanced by the Petitioners. vi.

The above Writ petition is accordingly disposed of. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )