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Bombay High CourtWP/6167/2023disposed off

Firoj Guljar Shaikh v. The State Of Maharashtra Through Its Principal Secretary And Another

2023-06-13Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) wp6167.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 WRIT PETITION NO.6167 OF 2023 FIROJ GULJAR SHAIKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND ANOTHER Mr.Atul M. Pawar, Advocate for the petitioner. Mr.S.P. Tiwari, AGP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

DATED :

13.06.2023 PC :- 01.

By way of this petition, the petitioner challenges order passed by respondent No.2 - learned Tahsildar, Ambad under section 48 (7)(8) of the Maharashtra Land Revenue Code and has imposed fine of Rs.3,57,766/- for transporting sand. The vehicle, namely, Hywa bearing No. MH-21-BH-9499 is also seized in the said proceedings. The only prayer of the petitioner is that his vehicle be released till his appeal is decided. The petitioner relies upon an order passed by this Court in Writ Petition No. 6148 of 2022 dated 14.12.2022.

02.

The petitioner to approach the Appellate Authority by filing necessary appeal/representation within two weeks.

( 2 ) wp6167.23 03.

Subject to decision of the appeal, the vehicle be released on depositing 50% amount of fine as imposed by the Tahsildar by its order dated 15.01.2022 (Exh. "C" to the petition). Said vehicle be released on depositing of the amount as stated above within a period of two days after deposit. 04.

With the above directions, the writ petition is disposed off. [KISHORE C. SANT, J.] snk/2023/JUN23/wp6167.23