Pandurang Kashinath Kanduale v. The State Of Maharashtra Through Principal Secretary And Others

2023:BHC-AUG:26091 15033.23WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

8. WRIT PETITION NO.15033 OF 2023 ...

PANDURANG KASHINATH KANDUALE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.S.G.Jadhavar AGP for the respondent-State : Mr.N.S.Tekale ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.12.2023 P.C. :

1] The petitioner has challenged the notice dated 31.05.2023 issued by the respondent no. 3 for transportation of the minor mineral without payment on royalty. The vehicle of the petitioner is attached by the respondent no.2 - The Police Inspector, Majalgaon [Rural]. 2] The learned counsel for the petitioner submits that the vehicle of the petitioner is attached by the respondent no.2 i.e. the Police Inspector, Majalgaon. The learned counsel further submits that power to release the vehicle is with the Sub Divisional Officer. The vehicle of the

15033.23WP petitioner is detained for a long period of time and that it is loosing revenue, so also, the condition of the vehicle is deteriorating.

3] In view of the same, the present Writ Petition is disposed of with liberty to the petitioner to approach the Sub Divisional Officer for release of the vehicle. If application is filed by the petitioner for release of the vehicle, the concerned authority to decide the same within a period of two weeks from the date of receipt of the certified copy of the order, in accordance with law. The Tahsildar is also directed to pass final order on the notice dated 31.05.2023 expeditiously.

4] Writ Petition is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC