Digambar Dattu Alias Das Sudke v. The State Of Maharashtra Through Secretary And Others
1 W.P. No. 14735/2019+4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD 7.
WRIT PETITION NO. 14735 of 2019 Sachin S/o Ganpat Solunke
...Petitioner
VERSUS
The State of Maharashtra and others
...Respondents
8.
WRIT PETITION NO. 14736 of 2019 Sachin S/o Ganpat Solunke
...Petitioner
VERSUS
The State of Maharashtra and others
...Respondents
9.
WRIT PETITION NO. 14737 of 2019 Pandurang Bhagwan Godbole
...Petitioner
VERSUS
The State of Maharashtra and another
...Respondents
11.
WRIT PETITION NO. 14739 of 2019 Hanuman Pandharinath Nachan
...Petitioner
VERSUS
The State of Maharashtra and another
...Respondents
12.
WRIT PETITION NO. 14740 of 2019 Digambar S/o Dattu @ Das Sudke
...Petitioner
VERSUS
The State of Maharashtra and another
...Respondents
Mr. A.B. Kharosekar, Advocate for petitioners in all petitions Mr. K.N. Lokhande, Asstt. Govt. Pleader for respondents. C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.
DATE : 9th December, 2019
2 W.P. No. 14735/2019+4 PER COURT :
1.
The vehicles have been seized after the Amendment to section 48 (7) & (8) of the Maharashtra Land Revenue Code. 2.
The learned Asstt. Govt. Pleader submits that the petitioners have remedy of appeal.
3.
After the Amendment on 16th September 2019, even the Officer below the rank of the Tahsildar is empowered to seize the vehicle.
4.
As the vehicles are seized by the authorised officer, we relegate the petitioners to avail the remedy of appeal. In that event, all contentions are kept open.
5.
In case, the petitioners file an appeal before the Appellate Authority, the Appellate Authority shall decide the same expeditiously. The Appellate Authority shall decide the application for release of the vehicle, preferably within a period of four weeks from the date of filing an appeal, on its own merits. 6.
The writ petitions are disposed of. No costs. ( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar