Rangnath Manikrao Dashrathe v. The State Of Maharashtra And Others

{1} wp10767.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10767 OF 2017 Rangnath s/o Manikrao Dashrathe Petitioner

Versus

The State of Maharashtra & others Respondents Mr. B.N. Magar, advocate for petitioner.

Mr. A.B. Girase, G.P. for respondents.

CORAM : R.M.BORDE & S.M. GAVHANE, JJ.

DATE : 1st SEPTEMBER, 2017 PER COURT:

1.

The facts giving rise to the instant petition are identical to the facts recorded in Writ Petition No. 10146/2017 and other companion matters decided by this Court on 21.08.2017. Considering this aspect, for the reasons recorded by this Court while disposing of aforeasaid writ petition, instant petition also deserves to be disposed of.

2.

Respondents are directed to produce vehicle belonging to petitioner before the Sub-Divisional Officer within a period of three days from today. The concerned officer shall, on tender of application by petitioner, release the vehicle subject to furnishing of personal bond for an amount not exceeding the market value of the seized vehicle and also on furnishing an undertaking to the effect that the said vehicle shall not be used in future for

{2} wp10767.17.odt unauthorised extraction, removal, collection, replacement, pickingup or disposal of minor minerals and transportation of the same. The concerned Sub-Divisional Officer shall pass the order immediately on production of vehicle within two days. The petitioner is stated to have deposited amount of penalty as directed by the concerned authority and as such, it is not necessary to issue direction for deposit of amount of penalty by petitioner. Writ petition stands disposed of accordingly.

( S.M. GAVHANE ) ( R.M.BORDE ) JUDGE JUDGE dyb