Sudhakar Ramdas Nevare v. The State Of Maharashtra And Others

2024:BHC-AUG:22696 ( 1 ) {wp8695.24}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 WRIT PETITION NO. 8695 OF 2024 SUDHAKAR RAMDAS NEVARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.A.M. Pawar, Advocate for the petitioner.

Mr.K.S. Hoke Patil, AGP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 25.09.2024 PC :- 01.

The petitioner has assailed order passed by the Tahsildar, Jalgaon dated 10.03.2022 imposing fine under section 48(7) & (8) of the Maharashtra Land Revenue Code, 1966. The fine of Rs.1,28,826/- is imposed for illegally transporting sand.

02.

The learned AGP at the outset points out that the petitioner has remedy of filing appeal before the Sub-Divisional Officer, challenging the order.

03.

Considering the above, this Court finds that no extra-ordinary case is made out calling for interference at the hands of this Court. It is earnestly requested at-least to release the vehicle, which is lying with the authority since 01.03.2022. Hence, the following order :-

( 2 ) {wp8695.24}

ORDER

(i) The writ petition stands disposed off with liberty to the petitioner to approach the concerned authority by filing appropriate proceeding and challenging the impugned order. (ii) In the meantime the vehicle i.e. tractor bearing No. MH-19-BG-1400 having Chassis No. WACA4060051424 shall be released on deposit of amount of Rs.1,28,826/- with the Tahsildar, Jalgaon.

(iii) The release of tractor shall be subject to outcome of the appeal by the concerned authority.

[KISHORE C. SANT, J.] snk/2024/sep24/wp8695.24