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Bombay High CourtWP/9853/2019disposed offdismissed for default

Dipak Bajirao Thathe v. The State Of Maharashtra And Others

2019-09-24Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor2 pages

209-215

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 209 WRIT PETITION NO.9853 OF 2019 DIPAK BAJIRAO THATHE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 210 WRIT PETITION NO.9862 OF 2019 DIPAK BANSILAL PARDESHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 211 WRIT PETITION NO.9863 OF 2019 KAMLESH LAXMINARAYAN GAJLESHWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 212 WRIT PETITION NO.9864 OF 2019 FIYAZ SHAMSHODDIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 214 WRIT PETITION NO.9879 OF 2019 NARAYAN MACHINDRA PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 215 WRIT PETITION NO.9890 OF 2019 NASIR SHAIKH BISMILLA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Jain Rakesh Nemichandji AGPs for Respondents State: Mr K B Jadhavar & Mr V M Kagne

CORAM

: S. V. GANGAPURWALA & ANIL S. KILOR, JJ.

DATE : 24th September, 2019 ORDER:

1.

In all these petitions, petitioners are seeking relief for release of vehicles.

209-215 2.

We had heard Mr. Jain learned counsel for the petitioners. The affidavit has been filed by the Tahsildar Shahada. The vehicles were detained on the ground that they were overloaded. It was stated that beyond the permissible capacity, sand was carried in the trucks. Final order has not yet been passed. The Tahsildar, by notice dated 18.07.2019, called for the explanation from the owners. Sub Divisional Officer was communicated to quantify the quantity in the vehicles. Report is received from the Sub Divisional Officer on 13.07.2019. It is further stated in the affidavit that appropriate decision will be taken by the Tahsildar either to release the vehicle or to impose penalty.

3.

In view of the reply filed, the Tahisldar shall take decision as stated by him in para 7 of the affidavit within 10 days from today. The petitioners may file his reply with the Tahsildar. All contentions are kept open. 4.

Writ petitions are disposed of. No costs.

5.

Authenticated copy be given.

(ANIL S. KILOR, J.) (S.V.GANGAPURWALA, J.) JPC