Kalyan Balu Kale v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:537-DB 398.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 977 WRIT PETITION NO. 398 OF 2024 KALYAN BALU KALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ....

Mr A. D. Sonkawade, Advocate for Petitioner;

Mr R. S. Wani, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 10th January, 2024 PER COURT:

1.

The Petitioner prays for re-calibration of the vehicle bearing registration No.MH-13-DZ-9393.

2.

The vehicle was seized on 04/12/2023. According to us, if the sand has dried up over a period of six weeks, the vehicle is bound to have lesser weight today.

3.

Nevertheless, this Writ Petition is disposed off, with a direction to Respondent No.2/Additional Collector, Nandurbar, to carry out re-calibration of the vehicle of the Petitioner, within 10 days from today, and if the weight is within the permissible limit, pass appropriate orders for releasing the vehicle. However,

398.24wp (2) if the final order in the said proceeding is already passed, this order would not be applicable, and the the Petitioner would file a fresh application for re-calibration before the Appellate Authority, wherein the proceeding is filed. If such application is filed, the same shall be decided within 15 days, thereafter. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk