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Bombay High CourtWP/11299/2019disposed offdismissed for default

Sandesh Sanjay Dounde v. The State Of Mahrashtra And Others

2019-09-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO.11299 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS WITH 30 WRIT PETITION NO.11312 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS WITH 31 WRIT PETITION NO.11313 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS WITH 45 WRIT PETITION NO.11335 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS WITH 48 WRIT PETITION NO.11340 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS WITH 49 WRIT PETITION NO.11341 OF 2019 SANDESH SANJAY DOUNDE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Advocate for Petitioners :Mr Bagal Vishal A.

AGP for Respondents State: Mr V M Kagne

CORAM

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

DATE : 16th September, 2019 ORDER:

1.

Vehicles of the petitioners are sized.

2.

Issue notice to the respondents. Learned AGP waives notice for the respondents.

3.

Vehicles of the petitioners are seized. Penalty is also imposed upon the petitioners. The petitioners have filed appeal against the seizure of vehicles as well as imposition of penalty. The appeals are dismissed. The petitioners have remedy of filing second appeal before the authority. We would have entertained the petitions to the extent of seizure of vehicle had the petitioners approached this Court directly, without availing other remedy. As the petitioners have already availed remedy of appeal and the appeals are dismissed, the petitioners are required to file second appeals.

4.

Learned Advocate for the petitioners submit that because of the complaint filed by one person, the revenue authorities are not entertaining the appeals. The appeal is quasi judicial in nature. The appeal is to be decided on its own merits, considering the legal position and fact and not on the basis of individual person's complaint. 5.

If the petitioners file appeal, the authority will

decide the appeals on its own merits and in accordance with law, expeditiously preferably within on month form the date of filing of appeals.

6.

Writ Petitions are accordingly disposed of. No costs.

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