Navnath Ramrao Khoje v. The State Of Maharashtra And Others

WP.2261.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.2261 OF 2019 Navnath Ramrao Khoje ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr R.V. Gore, Advocate for petitioner Mr V.M. Kagne, A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 28.08.2019 ORAL ORDER :

1.

The vehicle of the petitioner is seized for illegal transportation of sand.

2.

It is submitted that the vehicle of the petitioner is seized by the Circle Officer and he has no authority.

3.

We have heard learned Counsel for the petitioner and learned A.G.P.

4.

The present petition is restricted to the extent of release of the vehicle.

5.

The Officer below the rank of Tahsildar does not have authority to seize the vehicle. It appears that the vehicle of the petitioner has been seized by the Circle Officer.

WP.2261.19 6.

In view of that, the respondents shall release the vehicle of the petitioner seized under panchnama dated 3.1.2019 after verifying his ownership and the genuineness of the documents. The respondents shall also get the bond executed from the petitioner to their satisfaction.

7.

Writ Petition disposed of. No costs.

( ANIL S. KILOR, J.) ( S.V. GANGAPURWALA, J.) vvr