Ansar Nazirbaig And Another v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO. 4509 OF 2022 1.

Ansar Nazir Baig, ...PETITIONERS Age-41 years, Occu-Business, R/o. Sonihir, Tq. Shevgaon, Dist. Ahmednagar, Mob. 9309512773 2.

Aslam Nazir Baig, Age-36 years, Occu-Agri and Transportation, R/o. Sonihir, Tq. Shevgaon, Dist. Ahmednagar Mob. 9359063177

VERSUS

1.

The State of Maharashtra, ...RESPONDENTS Through its Secretary, Revenue and Forest Mantralaya, Mumabai-32 2.

The Collector Beed, Office Nagar Road, Dist. Beed 3.

The Sub-Divisional Officer, SDM Office, Collector Office, Premises Nagar Road Dist. Beed 4.

The District Mines Mineral Officer, Collector Office Nagar Road Beed 5.

The Tahasildar Tahsil Office Georai, Dist. Beed 6.

The In-charge Police Station Chaklamba Tq. Georai, Dist. Beed Mr. Omprakash D. Mane, Advocate for the petitioners Mr. A. R. Kale, AGP for the respondents/State

(2) CORAM:R. D. DHANUKA & S. G. MEHARE, JJ.

DATE:04th May, 2022 JUDGMENT:

1.

The learned counsel for the petitioner seeks leave to amend the date mentioned in the prayer clause-B as 19-07-2021. Leave is granted. Amendment be carried out forthwith. Re-verification is dispensed with.

2.

Rule. Rule made returnable forthwith.

3.

The learned AGP waives service of notice for the respondents/State.

4.

By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for quashing and setting aside the notice dated 19-07-2021 directing the petitioners to deposit the amount of Rs.2,38,320/- and also detaining the vehicle bearing registration No. MH17-AG-6303. 5.

Respondent No.5 is directed to decide the impugned notice dated 19-07-2021 in accordance with law within a period of two weeks from today without

(3) fail and shall communicate the order that would be passed by the respondent No. 5 to the petitioners within one week thereafter. If the said notice is withdrawn by respondent No.5, the vehicle registration bearing No. MH-17-AG-6303 shall be released forthwith from the date of passing such order. The writ petition is allowed. Rule is made absolute in above terms. No order as to cost. 6.

Parties to act upon authenticated copy of this order.

[S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp4509.22.odt