Baburao Gyanoba Dom And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:3187-DB *1* 923a924wp14483a14484o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 WRIT PETITION NO. 14483 OF 2023 BABURAO GYANOBA DOM AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS WITH 924 WRIT PETITION NO. 14484 OF 2023 AVINASH SAHEBRAO KADAM

VERSUS

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

Advocate for the Petitioners : Mr. Panditrao S. Anerao AGP for Respondents 1 to 5/ State : Mr. S.B. Narwade ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 09th February, 2024 Per Court :- 1.

The learned AGP has tendered the affidavit in reply in Writ Petition No.14483/2023. Office to accept it. 2.

The Petitioners are before us against the show cause notices dated 27.10.2023 by which, an amount of Rs.2,84,000/- for each vehicle, is to be recovered from them as penalty for purportedly illegally transporting minor minerals. The sand and

*2* 923a924wp14483a14484o23 the vehicles involved have been seized.

3.

The learned AGP submits that now, the final orders have been passed on 12.12.2023 and the amount of penalty as was mentioned in the show cause notices, has been directed to be deposited.

4.

On instructions, the Petitioners agree to deposit Rs.1,50,000/- (Rupees One Lac Fifty Thousand) with reference to each vehicle, before the Appellate Authority, which is presently dealing with the appeals preferred by the Petitioners. 5.

If the Petitioners place before the Appellate Authority the Demand Drafts of Rs.1,50,000/- for each vehicle, the Appellate Authority would pass appropriate orders for releasing the said vehicles by imposing certain conditions as may be prescribed in law. The proceedings thereafter, would be decided on their own merits.

6.

With the above directions, these two Writ Petitions are disposed off.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)