Anil Ashok Phad v. The State Of Maharashtra And Others

1 wp 9471.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9471 OF 2018 Anil S/o Ashok Phad .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Mahesh P. Kale, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA AND SUNIL K. KOTWAL, JJ.

DATE : 13TH AUGUST, 2018.

FINAL ORDER :

.

The learned counsel for the petitioner and the learned Addl. G. P. submit that the issue raised in the present petition has been decided by the Division Bench of this Court under its judgment and order dated 02.08.2018 in Writ Petition No. 4258 of 2018 with connected writ petitions.

2.

For the reasons recorded in the said judgment, we follow the same course.

3.

If the vehicle in question has not been produced before the Sub-Divisional Officer or the Deputy Collector within

2 wp 9471.18 contemplation of Section 48(8)(2) of the Maharashtra Land Revenue Code 1966, such vehicle shall be produced within fortyeight hours from the date of this order and the Deputy Collector/Sub-Divisional Officer, on receipt of application by the owner of the vehicle, after extending an opportunity of hearing to the concern, shall pass appropriate orders directing release of the vehicle, subject to imposition of penalty and fulfillment of other conditions provided under law, expeditiously and in any case, within a period of three days from the date of the application. Challenge raised to notice/order impugned in the petition stands rejected.

4.

Writ Petition is disposed of. No costs.

[SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] by Bhalchandra Sudhakar Bodke Date:

2018.08.16 11:50:16 +0530 bsb/Aug. 18 Bhalchandra Sudhakar Bodke