Pradip Shalikram Karemore v. State Of Maharashtra, Thr. Secretary, Dept. Of Revenue And Forest, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.778/2023 Pradip V State of Maharashtra and others ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Ms. Lakhani, Adv for petitioner.

Mr. N.R. Patil, AGP for resp. Nos.1 and 2.

CORAM : AVINASH G GHAROTE, J.

DATE : 19-04-2023 Heard learned Counsel for the petitioner and the learned AGP for the respondents.

2.

The petition challenges the order dated 27-06-22 (Pg 31) passed by the SDO imposing penalty upon the JCB vehicle for illegal excavation of sand. It is contended that the seizure memo does not indicate any co-relation between the JCB vehicle and the Tipper into which it is alleged that the excavated sand being stored.

3.

Learned AGP relies upon the statement of one Nitin Ganveer to substantiate the impugned order. 4.

The seizure memo of the JCB vehicle at page 23 and that of the Tipper dated 01-05-22 (pg 47) also do not indicate that the JCB vehicle was being used

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5.

In view of this, the impugned order cannot be sustained, the same is quashed and set aside. The petition is allowed in above terms.

6.

The vehicle be returned to the petitioner.

JUDGE Deshmukh