Sakhi Construction Loni, A Proprietary Concern, Through Its Proprietor, Shri Arun P. Kherde v. State Of Maharashtra, Through Its Secretary, Revenue And Forest Deartment, Mumbai And 3 Otehrs

wp818.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.818/2020 Sakshi Construction Loni ..Vs..

State of Maharashtra and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri Sudhir Malode, Advocate for the petitioner. CORAM :- R. K. DESHPANDE AND AMIT B. BORKAR, JJ.

DATED :- 17.02.2020 1] The vehicle of the petitioner was seized on 12.1.2018 and the panchanama was drawn. Accordingly, the penalty was imposed on 16.1.2018 of Rs.10,400/- and that has already been recovered. There is no challenge to recovery of this amount. The order dated 16.1.2018 has attained finality.

2] We have seen the prayers made in this petition. By way of amendment, prayer clause is added to challenge the penalty dated 16.1.2018. Prayer clause (iii-A) challenges the penalty dated 16.1.2018. We, however, do not find any reason to entertain this petition after lapse of two years to challenge the order dated 16.1.2018.

3] In view of the aforesaid position, the notification dated 12.1.2018 was issued on the same date

wp818.2020.odt on which the seizure was effected and hence, the notification covers the penalty and other charges recoverable in the matter. The notification operates from the date when it is issued and we do not find any valid ground to challenge the said notification. Writ petition is, therefore, dismissed. No costs.

JUDGE JUDGE Tambaskar.