Balaji Dilip Gude v. The State Of Maharashtra And Others

1 wp 15428.19+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15428 OF 2019 BALAJI DILIP GUDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Venjane Tukaram M. AGP for Respondents : Mrs. M. A. Deshpande ...

WRIT PETITION NO. 15473 OF 2019 BALAJI DILIP GUDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Venjane Tukaram M. AGP for Respondents : Mrs. M. A. Deshpande ...

CORAM:S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE: 18th DECEMBER, 2019 PER COURT:

1.

Mr. Venjane, the learned counsel submits that the orders of penalty are without hearing the petitioners and the seizure of the vehicles are done by the Circle Officer and it is kept in the police station.

2 wp 15428.19+ 2.

The learned A.G.P. submits that the Circle Officer has powers to seize the vehicles as per Section 48(8) of the Maharashtra Land Revenue Code.

3.

The seizure of the vehicle is after the amendment to Section 48(8) of the Maharashtra Land Revenue Code wherein the officers below the rank of Tahsildar are also now empowered to seize the vehicles. The petitioners have now alternate remedy available.

4.

Writ Petitions are disposed of with liberty to the petitioners to avail the alternate remedy. All contentions are kept open. No costs.

[AVINASH G. GHAROTE, J.] [S. V. GANGAPURWALA, J.] marathe