Vilas Dadarao Kendhale v. The State Of Maharashtra And Others

1 99-WP-14767-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14767 OF 2019 Vilas S/o Dadarao Kendhale

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr A.B. Kharosekar, Advocate for Petitioner Mr P.G. Borade, AGP for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30TH JANUARY, 2020 PER COURT :

1.

The vehicle of the petitioner is seized by the Police. Thereafter, it was handed over to the revenue authorities. On the last occasion, we had asked the learned AGP to take instructions whether any FIR has been lodged against the petitioner. The learned AGP on instructions submits that no FIR has been lodged. The fine/penalty is also imposed.

2.

The petitioner may avail the remedy of appeal so far as the fine/penalty is concerned.

3.

The respondents shall release the vehicle of the petitioner seized by the Police bearing RTO Registration No. MH21-BF-3535 after verifying the documents and confirming the

2 99-WP-14767-2019 ownership of the petitioner. The petitioner shall deposit the amount of Rs. 1,00,000/- (Rupees One Lakhs Only) with the respondent. The said deposit shall be subject to the decision taken in appeal, that may be filed by the petitioner. The respondents may also get bond executed from the petitioner to their satisfaction.

4.

In case the petitioner does not file appeal within 30 days, then the respondents are entitled to recover the amount and also repossess the vehicle.

5.

The writ petition is accordingly disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta