Mahadev Laxman Talekar v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 WRIT PETITION NO.7042 OF 2019 RAJENDRA HARIBHAU SABALKAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH WRIT PETITION NO.3562 OF 2019 BANDU S/O GANESH ARDAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH WRIT PETITION NO.3963 OF 2019 MAHADEV S/O LAXMAN TALEKAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH WRIT PETITION NO.3724 OF 2019 MACHINDRA S/O TUKARAM PAGIRE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH WRIT PETITION NO.3683 OF 2019 SHAIKH ILYAS AKHALAK ..PETITIONER

(2)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. A. B. Kharosekar, Advocate for the Petitioners. Mrs. R. P. Gaur, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 13th JUNE, 2019.

PER COURT:- 1.

The Talathi has seized the vehicles on the ground of illegal excavation and transportation of sand.

2.

This Court in Writ Petition No.10942 of 2018 under order dated 06.10.2018 held that the officer below the rank of Tahasildar is not competent to seize the vehicle.

3.

As the seizure is conducted by an incompetent person, the said seizure would be inappropriate.

4.

We make it clear that, we have entertained these petitions only to the extent of seizure. As far as penalty and fine is concerned, petitioners may prefer an Appeal against the concerned, if the same is imposed.

5.

The respondents shall release the vehicles seized under panchanama dated 13.05.2019 (Exhibit-

(3) C) after verifying the documents and identity of its owner, so also taking bond as to the satisfaction of respondents.

6.

Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/June-19