Sudam Soma Sonwane v. The State Of Mahrashtra And Others

(1) 28-wp-11411-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 WRIT PETITION NO.11411 OF 2019 SUDAM SOMA SONWANE ..PETITIONER

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Rakesh Nemichandji Jain, Advocate for the Petitioner.

Mr. V. M. Kagne, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 08th JANUARY, 2020.

PER COURT:- 1.

The vehicle of the petitioner is seized for unauthorized transportation of sand. The fine and penalty is imposed upon the petitioner. As far as fine and penalty is concerned, the petitioner may avail the remedy of Appeal.

2.

The panchanama is at the behest of Circle Officer, who at the relevant time did not possess authority.

3.

In light of that, we pass following order:

ORDER

(I) The respondents shall release the vehicle seized under panchanama dated 24.08.2019 after verifying the ownership of the

(2) 28-wp-11411-2019 petitioner and genuineness of the documents. The respondents may get the bond from petitioner to their satisfaction.

(II) The petitioner shall deposit an amount of Rs.50,000/- (Rs. Fifty Thousand Only) with respondent-Authority. The same would be without prejudice to the rights and contentions of the parties and subject to the decision that would be taken in Appeal that may be filed by the petitioner.

(III)In case, petitioner does not file an Appeal within a period of one month, then respondents are at liberty to recover the entire amount, so also re-possess the vehicle.

4.

Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2020