Vijay Durgappa Pawar v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2147 OF 2021 Vijay Durgappa Pawar ...

Petitioner

Versus

State of Maharashtra and Ors.

...

Respondents Mr. Vinod P. Sangvikar, for Petitioner.

Ms. M.P.

Thakur, AGP, for State.

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

(THROUGH VIDEO CONFERENCING) DATE:

th JULY, 2021 P.C.:

1.

By the above Writ Petition, the Petitioner has impugned the Order dated th May, 2021 passed by the Respondent No.3 - Tahasildar, Jath, Sangli, and has prayed for a writ of mandamus directing the Respondent Nos.2 and 3 i.e. the Collector and the Tahasildar respectively to forthwith release the vehicle of the Petitioner namely Dumper bearing registration No.MH-10/Z-4701 (the said vehicle). 2.

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

3.

Admittedly, the notice as well as the impugned order have been passed on the same day i.e. on 25 th May, 2021, without giving a hearing to the Petitioner. There are several submissions which the Petitioner has made in support of his case SSP 1/3

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 27 th March, 2021 on the ground of unauthorized transportation of sand, no FIR has been registered till date against the Petitioner, nor the procedure under Section 48(8)(2) of the Maharashtra Land Revenue Code, 1966 (MLR Code) of producing the seized vehicle along with 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 Petitioner has been deprived of his livelihood.

4.

However, as pointed out by the learned AGP, the impugned order dated th May, 2021 passed by the Respondent No.2 is an appealable order. 5.

In view of the above, we pass the following order : (i) The Petitioner shall within a period of two weeks from today file an Appeal before the Appellate Authority impugning the order dated 25 th May, 2021 passed by the Respondent No.3 - Tahasildar, Jath, Sangli. The delay if any, in filing the Appeal is condoned.

(ii) The Petitioner shall without prejudice to his rights and contentions deposit an amount of Rs.2,00,000/- with the Respondents within a period of 10 days from the date of uploading of this order. (iii) The Petitioner shall within one week from the date of uploading SSP 2/3

of this order, execute a bond / undertaking that he will not sell, alienate or transfer the said vehicle pending the decision of the Appellate Authority in the Appeal to be filed by the Petitioner and that the said vehicle will not be used for transportation of any minerals unauthorizedly.

(iv) Upon the Petitioner complying with clauses (ii) and (iii) above, the Respondents shall forthwith handover the said vehicle to the Petitioner. (v) The Appellate Authority shall upon being satisfied that clauses (ii) and (iii) above have been complied with by the Petitioner, hear the Petitioner and decide the Appeal filed by the Petitioner strictly on its own merits and without being influenced by this order, within a period of four weeks from the date of its filing. The Appellate Authority shall in its order deal with all the submissions advanced by the Petitioner.

(vi) The above Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 3/3