Sudarshan Sheshrao Khandejod v. The State Of Maharashtra And Others

1 969-WP-12211-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12211 OF 2019 Sudarshan S/o Sheshrao Khandejod

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr R.A. Jaiswal, Advocate for Petitioner Mr S.B. Narwade, AGP for Respondent Nos. 1 to 5 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30TH JANUARY, 2020 PER COURT :

1.

The vehicle of the petitioner is seized on the ground of illegal transportation of sand.

2.

Heard the learned Counsel for the petitioner and learned Assistant Government Pleader.

3.

It is brought to our notice it is the second time the vehicle of the petitioner is involved in unauthorized transportation of sand. The contention of the petitioner is that earlier, when the vehicle was involved in unauthorized transportation of sand, the owner was diferent. The previous owner has executed bond for sum of Rs. 50,800/-.

2 969-WP-12211-2019 4.

The vehicle is sized under panchanama dated 31.10.2017 by the Circle Ofcer. At the relevant time, Circle Ofcer did not possess the authority to seize the vehicle. 5.

In light of the above, we pass the following order :- (i) The respondent shall release the vehicle of the petitioner bearing Registration No. MH-26 AD 0208 seized under panchanama dated 31.10.2017 (page 30).

(ii) The petitioner shall deposit Rs. 50,800/- towards the bond amount executed by the previous owner. The petitioner shall also in addition deposit Rs. 3,00,000/- with the respondent. (Total Rs. 3,50,800/-). The deposit is without prejudice to the rights and contentions of the petitioner and subject to the decision that would be taken in appeal that may be fled by the petitioner to the extent of imposition of fne/penalty. The petitioner may avail remedy of appeal. If the petitioner does not fle an appeal within a period of 30 days, then the respondents are entitled to recover the entire amount, so also, take steps for repossession of the vehicle.

6.

Writ petition is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta