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Bombay High CourtWP/5644/2020disposed offdismissed for default

Vilas Gangadhar Gaikwad v. The State Of Maharashtra And Others

2020-07-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 wp st. 12340.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION STAMP NO. 12340 OF 2020 Vilas Gangadhar Gaikwad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Amol K. Gawali, Advocate for the Petitioner. Shri S. G. Karlekar, A. G. P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

27TH JULY, 2020.

ORDER :

.

Mr. Gawali, the learned advocate for the petitioner submits that, illegal seizure has been made and order of penalty has been passed after six months. Same is illegal. The order is not passed by the authorized and competent officer.

2.

The learned Assistant Government Pleader for respondents/State submits that, the petitioner has remedy of appeal available.

3.

In view of the fact that, the petitioner has remedy of appeal available, we are not inclined to entertain the writ petition. The writ petition is disposed of with liberty to the petitioner to avail the alternate remedy. All contentions are kept open. No costs.

2 wp st. 12340.20 4.

If appeal is filed by the petitioner, then the authorities shall decide the application for release of vehicle within a period of fifteen (15) days from the date of filing. [SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/July 20