Rasul Guddubhai Sayyed v. The State Of Maharashtra Through The Collector And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.9050 OF 2022 RASUL GUDDUBHAI SAYYED

VERSUS

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

Advocate for Petitioner : Mr. V. P. Latange AGP for Respondent-State : Mr. K. B. Jadhavar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

30th November, 2022 PER COURT :

1.

The learned Advocate for the petitioner submits that his JCB machine has been attached and penalty of Rs.7,50,000/- approximately has been imposed upon him. The same has been up held by the appellate authority. The petitioner has preferred Second R.T.S. Appeal No.351 of 2022 before the District Collector, Ahmednagar.

2.

The learned Advocate for the petitioner further submits that he has deposited 25 % of the penalty amount before the Appellate authority and this Court had directed the Appellate authority to consider the release of the JCB machine within ten days. However, the

WP 9050-2022 Appellate authority has passed final order without considering this case for release of JCB machine of the petitioner. As such he has also now moved an application for release of the JCB machine in Second R.T.S. Appeal No.351 of 2022.

3.

The District Collector, Ahmednagar to decide the application for release of JCB machine on such terms and conditions it deems fit, in Second R.T.S. Appeal No.351 of 2022 within a period of two weeks from the receipt of this order.

4.

With these directions, the writ petition is disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-.