Sayyad Javed Khairat Husain Kazi v. The State Of Maharashtra And Others

1 997-WP-12359-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 12359 OF 2018 Sayyad Javed S/o Khairat Husain Kazi

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. Kalyan Patil, Advocate holding for Mr. A.B. Kharosekar, Advocate for Petitioner Mr. K.B. Jadhavar, Assistant Government Pleader for Respondent Nos. 1 to 4 CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 8th FEBRUARY, 2019 ORAL ORDER:

1.

The learned Counsel for the petitioner submits that, he would restrict the claim to the extent of release of vehicle and as far as penalty is concerned, he would approach the appellate authority. It is also contended that Circle Officer has no power to seize the vehicle and the said issue is no longer res-integra in view of various orders passed by this Court.

2.

In the light of the above, the respondent No. 4 shall release the vehicle in favour of the petitioner on execution of required bond to the satisfaction of the respondent No. 4. The same would be subject to outcome of appeal that would be filed by the petitioner.

2 997-WP-12359-18 3.

With these directions, the writ petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta