Shri. Vijay Gorakh Jadhav v. The State Of Maharashtra And ORS.

508-wp-6209-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6209 OF 2017 Shri. Vijay Gorakh Jadhav

...Petitioner

Versus

The State Of Maharashtra And Ors.

...Respondent

---- Mr.Amit Damodar a/w Mr.Prashant Darandale for the Petitioner. Mr.P.P. More, AGP for the Respondent-State.

---- CORAM : SHANTANU S. KEMKAR & M.S. SONAK, JJ.

DATE : 12th JUNE 2017 P.C.

The petitioner has approach filed this petition under Article 226 of the Constitution of India seeking quashment of notice dated 18-05-2017, issued by the 3rd Respondent with further direction to the 3rd respondent to release the petitioner's vehicle bearing JCB No.MH-45-F-3688.

2.

The learned counsel for the petitioner does not dispute that against the impugned action there is remedy provided under Section 247 read with Section 256 of the Maharashtra Land Revenue Code. He however submits that in the notice the amount N.S. Kamble page 1 of 2

508-wp-6209-2017 has not been disclosed, in the circumstances, it is not possible for the petitioner to approach the Appellate Authority for reddressal of the grievance because in the appeal the petitioner is required to deposit 25% of the amount mentioned in the notice. 3.

Keeping in view the fact that the petitioner is having alternate and efficacious remedy of appeal, we are not inclined to interfere in the matter. However, taking into consideration that the no amount is specified in the impugned notice, we dispose of the petition by directing the 3rd respondent to indicate to the petitioner the fine amount which is levied on the petitioner under Section 48(7) of the Maharashtra Land Revenue Code. It has to be done within two weeks from the date of the receipt of this order. With the aforesaid observations the petition is disposed of. 4.

With liberty to the Petitioner to file appeal, this petition is disposed of.

(M.S. SONAK, J.) (SHANTANU S. KEMKAR , J.) N.S. Kamble page 2 of 2