Ganesh Chintaman Kamble v. The State Of Maharashtra Through Its Principle Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 WRIT PETITION NO.11564 OF 2023 GANESH CHINTAMAN KAMBLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPLE SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Jadhwar Sidhesh V AGP for Respondents-State : Mr. K. N. Lokhande ...

AND 4 WRIT PETITION NO.11569 OF 2023 SACHIN SURESH SHENDGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Jadhwar Sidhesh V AGP for Respondents-State : Mr. N. T. Bhagat ...

AND 5 WRIT PETITION NO.11570 OF 2023 TANAJI BANSI VAIDYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPLE SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Jadhwar Sidhesh V AGP for Respondents-State : Mr. K. B. Jadhavar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

23/10/2023 PER COURT :

1] Heard the learned counsel for the petitioners. The learned counsel for the petitioners submits that the vehicle of the

3 WP 11564-2023 petitioners were impounded on 15/05/2023 and 03/07/2023 and show cause notice are issued to the petitioners for carrying minor mineral without valid license seeking explanation why the penalty of Rs.3,50,128/- and Rs.4,25,192/- respectively should not be imposed for wrongful use of the vehicles and for carrying minor mineral without valid permit. The learned counsel for the petitioners submits that the authority has not passed fnal orders on the show cause notice. The learned counsel for the petitioners submits that Section 48 (8) (2) of the Maharashtra Land Revenue Code provides that the authority is vested with the Collector and Sub Divisional Ofcer to release the vehicle during pendency of the proceedings before the Tahsildar and the Tahsildar is not empowered to determine the amount of penalty on the impounded vehicle. The learned counsel further pointed out that in terms of provisions of Section 256 of the Maharashtra Land Revenue Code that even if the Tahsildar passes fnal order on show cause notice the appellate authority is entitled to release the vehicle on

3 WP 11564-2023 deposit of 25% amount and also has further authority to reduce the deposit below 25% and release the vehicle on such terms and conditions the appellate authority deems ft. He thus submits that the deposit for release of vehicle should not be beyond 25% during the pendency of proceedings before the Tahsildar.

2] In view of the submissions made, the learned counsel for the petitioners is permitted to approach before the Sub Divisional Ofcer under Section 48 (8) of the Maharashtra Land Revenue Code for release of the vehicle and if such application is fled by the petitioners, the authority concerned to decide the said application in accordance with law within two weeks thereafter. The learned Tahsildar is also directed to pass fnal orders on the show cause notice dated 21.06.2023 and 26/07/2023 respectively within a period of two weeks from the receipt of the order of this Court. 3] In view of the above, the present Writ Petitions are disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.