Parag S/O Babanrao Ainchwar v. State Of Maharashtra, Through The Dept. Of Revenue And Forest, Mumbai And Othes

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.32 OF 2016 Parag s/o Babanrao Ainchwar ..vs..

State of Maharashtra, through its Secretary, the Department of Revenue and Forest, Mantralaya, Mumbai and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.K. Bhandarkar, counsel for the petitioner. Shri V.A. Thakare, Additional Public Proceeding for respondent Nos.1,2, & 4.

CORAM

: B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATED : SEPTEMBER 22, 2016.

Heard learned counsel Shri S.K. Bhandarkar for the petitioner and learned Additional Public Prosecutor Shri V.A. Thakare for respondent Nos.1, 2, and 4/State.

During hearing we find that truck of the petitioner found allegedly carrying overload of black metal, is already released to him. Learned counsel Shri S.K. Bhandarkar for the petitioner, however, presses relief for grant of compensation for illegal detention of that truck. He submits that though supurdnama was duly executed and furnished, truck was not released. Learned Additional Public Prosecutor Shri V.A. Thakare for respondent Nos.1, 2, and 4/State .....2/-

disputes this. He also adds that as disputed questions of facts arise, compensation can be quantified appropriately before the appropriate civil court. We find substance in the contention of learned counsel Shri S.K. Bhandarkar for the petitioner that this Court can always award compensation for truck released. However, as, here, some disputed questions of facts do arise and computation of compensation also calls for adjudication on certain facts, we are not inclined to undertake that exercise in the present matter.

We grant the petitioner leave to file appropriate civil proceedings for recovery of such damages. If such proceedings are filed, the concerned Court shall attempt to decide it expeditiously. With these directions, liberty, and keeping all rival contentions open, we dispose of the criminal writ petition. No costs.

JUDGE JUDGE !! BRW !!

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