Sominath Yadavrao Adbane v. The State Of Maharashtra Through Its Principal Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO.7043 OF 2022 SOMINATH YADAVRAO ADBANE

VERSUS

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

Advocate for Petitioner : Mr. Abdul Quadir S. Auti h/f Mr. Gavhad Dhananjay R.

AGP for Respondents-State : Mr. S. G. Sangle ...

CORAM :

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

DATE :

25th July, 2022 PER COURT :

1.

The petitioner claims that respondent No.3 has seized his vehicle bearing No.MH-34/AV-2301.

2.

We have considered the submissions of the learned Advocate for the petitioner and the learned AGP. A proceeding is already pending before respondent No.3. The petitioner has been directed to show cause as to why a penalty amount of Rs.3,50,000/- should not be recovered from him in the light of the purported illegal transportation of minerals. If the petitioner is found to be unconnected with any offence and if the vehicle is found to be not involved in any illegal

WP 7043-2022 transportation, the Sub-Divisional Officer would be in a position to pass appropriate orders.

3.

In view of the above, this petition is disposed off, with the following directions :- (A) The petitioner would appear before respondent No.3/ authority on 05/08/2022 at 12.00 noon and address the said authority. All contentions are kept open. Written submissions are also permitted.

(B) Respondent No.3 would, thereafter, pass an appropriate order on or before 12/08/2022.

(C) If the order is adverse to the petitioner, the same shall contain reasons and shall be served upon the petitioner with promptitude.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J. ) vjg/-.