Megha Engineering And Infrastructure Ltd Thr Its Authorized Representative Doddi Satyanarayana v. The State Of Maharashtra And Others

957-wp-7856-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7856 OF 2020 Megha Engineering and Infrastructure Ltd. Balanagar, Hederabad, Telangana State Through its authorized representative Doddi Satyanarayan ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. M.P. Kale, Advocate for the Petitioner.

Mr. A.R. Kale, A.G.P. for all the Respondents. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 04th DECEMBER, 2020 PER COURT:- 1.

The learned AGP raises a preliminary objection that the petitioner has remedy of appeal against the order of seizure of the vehicle so also imposition of penalty.

3.

In light of that, we relegate the petitioner to avail the alternate remedy.

957-wp-7856-20 4.

The petitioner may file the proceeding before the competent authority. In case the petitioner files an appeal or such other proceedings before the appropriate forum, then the authority shall consider and take decision upon the applicantion of the petitioner for release of vehicle within fifteen (15) days from the date of filing of the appeal / application before it.

5.

Naturally the authority would consider the provisions of Section 256 also on its own merits. All contentions are kept open. 6.

Writ Petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane