Narayan Radhakisan Bhusare v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.2890 OF 2022 NARAYAN RADHAKISAN BHUSARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. A. R. Tapse AGP for Respondent Nos.1 to 3-State : Mr. S. G. Sangle ...

CORAM :

RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE :

25th August, 2022 PER COURT :

1.

On 18/08/2022, we had recorded the statements made by the learned Advocates for the respective sides and had passed the order, as under :- (1) The stand of the revenue authorities is that the vehicle at issue was used in committing two ofences.

(2) The learned advocate for the petitioner submits that the petitioner has no knowledge as regards the second ofence. (2) Having taken into consideration, a specifc stand that second ofence was never committed or that, the frst ofence prior to the present one at issue was never committed, we direct the learned AGP to place before us, the details a regards both the ofences, if any.

(3) List this petition, in the passing orders category, on 25th

WP 2890-2022 August, 2022.

2.

The learned AGP informs us the following details :- (A) In view of the frst ofence committed by the same vehicle, a notice was issued on 16/02/2018, by the Tahsildar of Georai.

(B) On 23/05/2018, the petitioner deposited the penalty amount of Rs.1,28,860/-.

(C) Since the same vehicle was once again involved in an ofence (second ofence), the petitioner deposited the penalty of Rs.1,27,146/- on 27/11/2019.

3.

We could have, therefore, initiated an action against the petitioner for attempting to either suppress material information or mislead the Court.

4.

The learned Advocate for the petitioner submits that since the petitioner has deposited the penalty amount on two occasions, he would avail of a remedy as may be permissible in law and this petition may be disposed of as withdrawn.

5.

In view of the above, this petition is disposed off on instructions.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) vjg/-.