Sachin Bhagwat Paul v. The State Of Mahrashtra And Others

wp.11100.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

(123) WRIT PETITION NO.11100 OF 2019 Sachin Bhagwat Paul ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr H.P. Jadhav, Advocate for petitioner Mr S.B. Pulkundwar, A.G.P. for respondents no.1 to 4 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 30.09.2019 ORAL ORDER:

1.

The vehicle of the petitioner has been seized on the ground that the vehicle was illegally transporting the minor minerals. Fine and penalty are also imposed upon the petitioner. 2.

Heard learned Counsel for the petitioner and learned A.G.P. 3.

The vehicle, it appears is seized by the Circle Officer. It has been held that the person below the rank of Tahsildar is not competent to seize the vehicle. Fine and Penalty are imposed upon the petitioner. The petitioner has a remedy of appeal which the petitioner may avail.

4.

The petitioner shall deposit Rs.75,000/- with the respondents, which would be subject to the decision in appeal. The respondents shall release the vehicle of the petitioner, after verifying the documents and confirming the ownership of the petitioner. If the

wp.11100.19 petitioner does not file appeal, the respondents are entitled to recover the amount under its order. The respondents shall also get executed the bond from the petitioner to their satisfaction. 6.

Writ Petition accordingly disposed of. No costs. ( ANIL S. KILOR, J.) ( S.V. GANGAPURWALA, J.) vvr