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Bombay High CourtCP/58/2025disposed off

Suraj Dattatray Sonawane v. Shital Rajput

2025-09-30Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:27656 21-sr927.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CONT. PETITION NO. 58 OF 2025 IN WP/1017/2024 Suraj Dattatray Sonawane

VERSUS

Shital Rajput ---- Mr.A.M.Pawar, Advocate for petitioner Mr.S.S.Dande, AGP for respondent ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 30, 2025 ORDER :- Heard.

The petitioner had filed Writ Petition No.1017 of 2024, challenging the order dated 10.02.2022, passed by respondent no.2, thereby imposing penalty. The petitioner had also sought release of vehicle that was seized by respondent no.2.

3.

Mr.Pawar, learned counsel for the petitioner, submits that vide order dated 18.07.2024, passed by this Court in Writ Petition No.1017 of 2024 at clause 5, ad-interim relief was granted in terms of prayer clause (C), on the condition that the petitioner furnishes appropriate undertaking along with surety for the amount of penalty. Mr.Pawar would submit that as per prayer clause (C), the vehicle in question was sought to be released from the respondent/authority. He

21-sr927 would submit that pursuant to the order passed by this court, he has submitted his own surety to respondent no.2. However, the vehicle was not released and even, as on today.

4.

Mr.Dande, learned AGP, submits that the vehicle could not be released for the reason that the petitioner had submitted his own surety, which is not permissible. He submits that the petitioner ought to have furnished solvent security. Mr.Dande submits that there is no willful disobedience on the part of any authority. 5.

Mr.Pawar, learned counsel for the petitioner, in all fairness, submits that upon learning that the petitioner had submitted erroneous surety, the petitioner thereafter, had submitted fresh security/surety of one Vishal Dattatraya Sonawane. 6.

Mr.Dande, learned AGP states that upon verifying the fresh security/surety, if any, furnished by the petitioner, as submitted before this court, the authority concerned shall release the vehicle of the petitioner, within two weeks from the date of receipt of a copy of this order. In view of the statement made by Mr.Dande, learned AGP, the Contempt Petition stands disposed of.

[AJIT B. KADETHANKAR, J.] KBP