Pralhad Muktaramji Wangujare v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4434 OF 2019 Pralhad s/o Muktaramji Wangujare Petitioner

Versus

The State of Maharashtra & others Respondents Mr.Mahesh P. Kale, advocate for the petitioner. Mr.S,B.Pulkundwar, AGP for Respondents No.1 to 4. CORAM : S.V.GANGAPURWALA & AVINASH G. GHAROTE,J J.

DATE : 07th November, 2019 PER COURT:

The petitioner is challenging the notice seeking to take further action against his vehicle on the ground that the penalty amount has not been deposited.

Mr.Kale, learned Counsel for the petitioner, submits that the petitioner has fled an appeal challenging the said notice and the appeal is pending before the appellate authority. The learned AGP submits that on a single receipt, the petitioner has transported sand twice and as such, penalty has been imposed.

{2} wp443419.odt It appears that the vehicle has been directed to be released under the orders of the Judicial Magistrate, First Class, under Section 457 of the Code of Criminal Procedure. Under the impugned notice, action is sought to be taken on the ground that penalty amount has not been deposited. The petitioner may take steps in the appeal for stay or otherwise. With these observations, writ petition is disposed of. No costs.

AVINASH G. GHAROTE S.V.GANGAPURWALA JUDGE JUDGE adb/