Wajid Latif Pathan And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:3957-DB 91-WP-2024-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2024 OF 2024 Wajid Latif Pathan And Another ....Petitioners

VERSUS

The State Of Maharashtra Through Its Secretary And Others .....Respondents .....

Mr. I. K. Wagh, Advocate for the Petitioners Mr. A. B. Girase, GP for Respondents - State ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : FEBRUARY 21, 2024 PER COURT :

1.

The Petitioner's vehicle Hyva truck bearing registration no. MH-20-GC-3594 is being auctioned and the price mentioned for auction is Rs. 30,50,000/-. The Petitioner is in litigation and at 2 levels, his proceedings have resulted in adverse orders. His Appeal is now pending before the Divisional Commissioner at Nashik.

2.

On the condition that the Petitioners shall deposit an amount of Rs. 3,50,000/- (Rupees Three Lac Fifty Thousand Only) with the Tehsildar, Nandurbar, we

91-WP-2024-2024.odt grant liberty to the Petitioners to pursue the application before the second Respondent Divisional Commissioner, Nashik for seeking release of the vehicle on conditions as may be imposed by the said Respondent. 3.

As such, the Writ Petition is disposed off. If Petitioners deposit an amount of Rs. 3,50,000/- (Rupees Three Lac Fifty Thousand Only) with Respondent No. 6 and produces the receipt before Respondent No. 2 indicating the deposit of such money, Respondent No. 2 shall verify the said aspect by contacting Respondent No. 6 and pass an order on the pending application for release of vehicle by imposing such conditions/directing the Petitioners to execute the bond as is the practice in vogue.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani