Maroti Laxmanrao Karhale v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 WRIT PETITION NO.7873 OF 2019 AMBADAS MANIKRAO SAUDAGAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Mahesh P. Kale, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondents-State. ...

WITH 89 WRIT PETITION NO.7963 OF 2019 MAROTI LAXMANRAO KARHALE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Mahesh P. Kale, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 1st JULY, 2019.

PER COURT:- 1.

The vehicles of the petitioners in these writ petitions are seized. The petitioners had moved before the J.M.F.C.. The J.M.F.C. has passed an order directing the release of vehicles on certain terms and conditions. The Tahasildar also has powers to seize the vehicle under Section

(2) 48(7) and (8) of the Maharashtra Land Revenue Code. The said powers are also exercised by the Revenue Authority.

2.

We have heard learned counsel for the petitioners and learned A.G.P.

3.

It appears that the vehicles of petitioners are seized for illegal excavation and transportation of the sand. As far as imposition of penalty and the amount is concerned, the petitioners have remedy of Appeal. The petitioners may avail the remedy of Appeal. The present petitions are only to the extent of seizure of the vehicles and for the prayers for release of the vehicles.

4.

Considering that vehicles would be lying idle and it will not be in anybodies interest to keep the vehicles idle, we would allow the release of the vehicles on following conditions:

(i) The petitioners in each of these petitions shall deposit an amount of Rs.1,00,000/- for release of vehicles.

5.

Upon deposit of this amount, the Authority shall release the vehicles after identifying its legitimate owner, after verifying the documents and on petitioners' submitting the bond, so also after complying with all terms and conditions put forth

(3) by the J.M.F.C. while directing release of vehicles.

6.

The deposit of Rs.1,00,000/- each with Revenue Authority by petitioners would be without prejudice to the rights and contentions of either parties.

7.

Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/July-19