Sayyed Raisuddin Rahim v. The State Of Maharashtra Through Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.6407 OF 2022 SAYYED RAISUDDIN RAHIM

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr S. S. Tope, Advocate for petitioner;

Mr P. K. Lakhotiya, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 28th July, 2022 PER COURT:

1.

Leave to add the Sub Divisional Officer, Beed as respondent No.8. Addition be carried out forthwith. The learned A.G.P. causes an appearance on behalf of the added respondent. 2.

We have considered the submissions of the learned Counsel for the respective sides and have perused the record available. 3.

We are informed, that the vehicle was seized by the Police Authorities on 27/04/2022 and the Regional Transport Officer has imposed a penalty on 28/04/2022. The said penalty was paid on

(2) the same date i.e. on 28/04/2022 by depositing the amount of Rs.1,04,000/-. On 23/05/2022, a panchnama was carried out by the Talathi. The Tahsildar conveyed the case details to the Sub Divisional Office on 27/05/2022 from Georai and the said document reached the Sub Divisional Office at Beed on 13/06/2022, which is at a distance of 38 kms. The first information report has still not been registered by the Police Authorities.

4.

The learned A.G.P. submits on instructions, that the Sub Divisional Officer will now commence the hearing in the matter with reference to the show cause notice dated 25/07/2022. The learned Advocate for the petitioner is justified in contending that petitioner's vehicle is remaining idle, upon being seized, for the last almost three months and the proceedings be directed to be concluded by the Sub Divisional Officer, expeditiously. 5.

In view of the above, this petition is disposed off with the following directions :- (a) The petitioner shall appear before respondent No.8 -

(3) Sub Divisional Officer at Beed, at 3.00 p.m. tomorrow, i.e. on 29/07/2022.

(b) The hearing would be continued on Monday, if it is not concluded on 29/07/2022.

(c) The hearing shall conclude on 01/08/2022 by 5.00 p.m. and respondent No.8 shall deliver his order at 3.00 p.m. on 04/08/2022. The petitioner would remain present at the time of the pronouncement of the order and a copy of the same would be delivered to him by following the due procedure laid down in law.

(d) The issue as regards the release of the vehicle would also be dealt with, by respondent No.8.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk