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Bombay High CourtWP/1061/2023allowed

Amresh Ashok Jaiswal v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Dept., Mumbai And ORS

2023-02-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

06. WP 1061 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.

/20 Amresh Ashok Jaiswal ...Versus...

State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.R. Ingole, Advocate for petitioner Mrs. M.A. Barabde, AGP for respondents CORAM : AVINASH G. GHAROTE, J.

DATE : 16/02/2023 1.

Heard Shri Ingole, learned counsel for the petitioner.

2.

Issue notice for final disposal to the respondents, returnable forthwith.

3.

Assistant Government Pleader Mrs. M.A. Barabde waives service of notice for the respondents. 4.

The petition challenges the order dated 06/02/2023 (pg.23), whereby a penalty of Rs.7,600/- has been imposed for illegal transportation of minor mineral. 5.

Shri Ingole, learned counsel for the petitioner makes a statement that the penalty shall be deposited with the Tahsildar, Hingna by tomorrow.

06. WP 1061 of 2023.odt 6.

Statement is accepted. In case the penalty of Rs.7,600/- is deposited with the Tahsildar, Hingna by tomorrow, the Tahsildar, Hingna shall release the vehicle, in case no proceedings are pending before the Sub-Divisional Officer, for imposition of penalty on the vehicle. 7.

The writ petition is allowed in the above terms. No order as to costs.

8.

It is made clear that in case the said vehicle is found to be involved in similar offence again, the authorities will be justified in confiscation of the same. (AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR