Anil Kondiram Golde v. The State Of Maharashtra Through Secretary And Others

1 wp 2840.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2840 OF 2023 Anil Kondiram Golde .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. B. Kharosekar, Advocate for the Petitioner. Shri A. R. Kale, A.G.P. for the Respondent Nos. 1 to 5. AND WRIT PETITION NO. 618 OF 2023 Subhash Laxman Gore .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. B. Kharosekar, Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for the Respondent Nos. 1 to 5. AND WRIT PETITION NO. 669 OF 2023 Azahar Samad Patel .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. B. Kharosekar, Advocate for the Petitioner. Shri P. K. Lakhotiya, A.G.P. for the Respondent Nos. 1 to 5.

2 wp 2840.23 CORAM :

NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE :

10TH APRIL, 2023.

FINAL ORDER :

.

The contention of the learned counsel for the petitioner is that the impugned show cause notice dated December 28, 2022 is not sustainable as the vehicle which was taken into custody was empty.

2.

Fact remains that the petitioner has every right to submit his reply to the show cause notice and the Tahsildar shall deal with the issue canvased aforesaid and explain if so desired by the petitioner to the show cause notice and shall pass appropriate reasoned order in the matter. In view of the above the contention of the learned counsel for the petitioner that his vehicle was empty cannot be looked into at this stage. 3.

In view of the above, the writ petitions stand dismissed. 4.

If petitioner complete his pleading within a period of one

(01) week from today, we expect the Tahsildar to pass final order in the matter expeditiously and in any case within a period of one (01) week from the date of submission of explanation. [ S. G. CHAPALGAONKAR, J.] [NITIN W. SAMBRE , J.] bsb/April 23