Deepak Rohidas Salunke v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:25963

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

42. WRIT PETITION NO.13828 OF 2023 Deepak s/o. Rohidas Salunke, Age: 30 Years, Occu : Business, R/o : Khandarmalwadi, Post Nandur - Khandarmal, Taluka Sangamner, District Ahmednagar.

.. PETITIONER

VERSUS

1] The State of Maharashtra, Through it's Secretary, Revenue and Forest Department, Mantralaya, Mumbai 400 032 2] The Collector, Collector Office, Ahmednagar 3] The Sub Divisional Officer, Sangamner, Taluka Sangamner, District Ahmednagar.

4] The Tahsildar, Tahsil Office, Sangamner, Taluka Sangamner, District Ahmednagar.

5] The Police Inspector, Police Station, Ghargaon, Taluka Sangamner, District Ahmednagar.

.. RESPONDENTS ...

Mr.A.B.Kharosekar, Advocate for the petitioner Mrs.M.L.Sangit, AGP for the respondent-State ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.12.2023 ORAL JUDGMENT :

1] Rule. Rule made returnable forthwith and heard finally.

2] The petitioner has challenged the impugned panchnama / order dated 13.06.2023 whereby the petitioner'

s vehicle carrying khadi has seized by the revenue authorities.

3] The learned counsel for the petitioner submits that khadi is not a minor mineral and the same has been held by this Court in various Judgments. The learned counsel relies upon the judgment in the case of Vishal Laxman Shinde Vs. The State of Maharashtra & others in Writ Petition No.8194 of 2022, decided on 25th August, 2022. It has been followed in other cases also. 4] The learned AGP for the respondent - State does not dispute that the vehicle was carrying Khadi as reflected in the panchanama.

5] In view of the same, the impugned panchnama / order dated 13.06.2023 is quashed and set aside. The Authority concerned is directed to release the vehicle bearing Registration No.MH-16-CC-4095 within three [03] days from the date of production of this order before the authority concerned.

6] Rule is made absolute in above terms. Writ Petition is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC