Mayur Jitendra Patil v. The State Of Maharashtra Through Its Secretary And Another

WP 5061/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO.5061 OF 2023 MAYUR JITENDRA PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. A.M. Reddy AGP for Respondents/State : Mrs. V.N. Patil-Jadhav ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 02/05/2023 PER COURT :

1.

By the present writ petition, the petitioner challenges the impugned order dated 21.10.2021 passed by the respondent No. 2 - Tahsildar Jalgaon, who imposed penalty of Rs.1,28,826/- on the petitioner for transportation of one brass sand.

2.

The learned AGP submits that the petitioner has alternate remedy to challenge the impugned order before the Sub Divisional Officer. In view of the same, the petitioner is permitted to challenge the impugned order passed by the respondent No. 2 before the Sub Divisional Officer, the appellate authority. .

3.

The learned counsel for the petitioner submits that his tractor bearing chasis No.WQCH45910130065 is under attachment and the custody of the same is with the authority from 16.10.2021 and the vehicle is in deteriorating condition due to lack of maintenance. 4.

In view of the aforesaid submissions, it is hereby directed that on payment of 50% amount under the impugned order, the tractor bearing chasis No. WQCH45910130065 be released in favour of the petitioner within four days of the receipt of payment of above 50% amount on usual

WP 5061/23 terms and conditions, that may be imposed. The petitioner shall give undertaking that in the event, the petitioner fails in the appeal, he will surrender the vehicle within 60 days from the decision of appeal. The writ petition is disposed of.

[ARUN R. PEDNEKER J.] ssc/