Madhukar Ramdas Jadhav v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7572 OF 2016 Pushpak S/o Sudhakar Aware Petitioner

Versus

The State of Maharashtra and others Respondents WITH WRIT PEITTION NO.7573 OF 2016 Dinesh S/o Laxman Shirsath Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITION NO.7574 OF 2016 Sachin S/o Namdeo Walve Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITION NO.7575 OF 2016 Karbhari S/o Dagdu Dhamale Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITION NO.7576 OF 2016 Digamber S/o Shivram Dhamale Petitioner

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The State of Maharashtra and others Respondents

{2} WITH WRIT PETITION NO.7577 OF 2016 Madhukar S/o Ramdas Jadhav Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITION NO.7578 OF 2016 Hari S/o Shivaji Dhikale Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITIOIN NO.7579 OF 2016 Pawan S/o Satish Choudhari Petitioner

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The State of Maharashtra and others Respondents WITH WRIT PETITION NO.7580 OF 2016 Somnath S/o Dhanaji Anwat Petitioner

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The State of Maharashtra and others Respondents Mr.A.B. Kharosekar advocate for the petitioners Mr.M.B. Bharaswadkar, Mr. A.R. Kale, Mr. P.S. Patil, Mr. V.M. Kagne, Mr. S.S. Dande, Assistant Government Pleaders for Respondents _______________ CORAM : R.M. BORDE & K.L.WADANE, JJ (Date : 18th July, 2016.)

{3} PER COURT :- The only issue that is required to be taken in to consideration, in these petitions, is in respect of release of vehicles allegedly attached by the respondent authorities. It is contended that, although the vehicles have been attached, the procedure prescribed by law, has not been observed. As per the procedure prescribed, appropriate orders in respect of release of vehicles will have to be passed by the Deputy Collector, authorized by the Collector, in that behalf.

In the circumstances, we direct the respondent authorities to produce the vehicles before the Deputy Collector, authorized by the Collector in that behalf on 21.7.2016. It would be open for the petitioners to apply for release of the vehicles and on making such applications, the concerned Deputy Collector shall direct release of the vehicles on acceptance of Bond for an amount, not exceeding the market value of the seized vehicles forth with. The petitioners shall also, at the time of release of the vehicles, give an undertaking that, the vehicles in question will not be used in future for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and

{4} transportation of the same. The petitioners shall undertake to produce the vehicles as and when directed by the Court, dealing with the criminal prosecution, that may be initiated against the petitioners/accused. It would be open for the Collector to determine the amount of penalty, if any, in observance of the procedure prescribed under the Code and pass appropriate orders in that regard separately.

With these directions, writ petitions stand disposed of. (K.L.WADANE, J) (R.M.BORDE, J) vbd