Dnyaneshwar Gokuldas Nimase v. The Union Of India Through The Commanding Officer And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6094 OF 2022 DNYANESHWAR GOKULDAS NIMASE

VERSUS

THE UNION OF INDIA THROUGH THE COMMANDING OFFICER AND OTHERS ...

Advocate for Petitioner:

Mr. V. B. Kale h/f. Mr. Narwade Narayan B.

AGP for Respondent/State: Mr. A. R. Kale Advocate for Respondent No.1: Mr. R. R. Bangar ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 04th AUGUST, 2022 PER COURT:

1.

The Petitioner prays for release of vehicle which has been seized. The learned Advocate representing Respondent No.1 submits that as the vehicle illegally entered a restricted area which is under the Commanding Officer A & E Regiment (KK Range) ACC and School, Ahmednagar, that an FIR has been registered.

2.

The vehicle at issue was transporting mud. The contention of the Petitioner is that there is a scheme implemented by the State of

2 wp 6094.2022 Maharashtra through the Rural and Water Conservation Department titled as Galmukta Dharan and Galyukta Shivar. Farmers engage such vehicles for excavation of mud. The vehicle mistakenly entered the defence area.

3.

The learned Advocate for the Petitioner submits that he would avail of the legal remedies as are permissible in law.

4.

In view of the above, this Petition is disposed off with liberty as is permissible in law.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe