Ravindra Harischandra Nannavare And Another v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6365 OF 2020 Ravindra s/o Harischandra Nannavare and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

.......

Mr. Mahendra B. Kolpe, Advocate for the Petitioners Mr. A.R.Kale, A.G.P. for Respondents No. 1 to 4 .......

CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE :

09-12-2020.

PER COURT :

01.

The petitioners seek release of their vehicles. 02.

Mr. Kolpe, the learned Counsel for petitioners submits that the vehicles are seized by the Police Officer. No F.I.R. has been lodged. The Police Officer could not have seized the vehicles under Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code. 03.

The learned A.G.P. submits that the two vehicles are involved in illegal transportation of sand.

2 966 wp-6365-20 04.

The petitioners have remedy to file appeal. If no F.I.R. has been lodged, the Police Officer could not have seized the vehicles under Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code.

05.

In the light of above, we pass following Order :-

ORDER

01.

The respondents shall release the vehicles seized from the petitioners bearing registration Nos. MH-10 AW-8181 and MH-11 AB4668 upon confirming the ownership of the petitioners and verification of the documents. The respondents may get the bonds executed from the petitioners. The petitioners shall deposit an amount of Rs. 1,00,000/- towards each vehicle (total Rs. 2,00,000/-) with the respondents.

The deposit of amount shall be without prejudice to the rights and contentions and subject to the decision that would be taken in appeal in case the petitioners file the same. In case the petitioners do not file appeal, against the

3 966 wp-6365-20 penalty within a month, the respondents may recover the entire amount of penalty from the petitioners.

02.

The writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI] [S.V.GANGAPURWALA] JUDGE JUDGE Dahibhate/-