Shrikant Ratan Meshram v. State Of Maharashtra, Thr. Secretary, Revenue Anf Forest Department, Mumbai And ORS

22. WP 1359 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1359/2023 Shri Shrikant Ratan Meshram ...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 Raju Kadu, Advocate for petitioner Ms Tajwar Khan, AGP for respondents/State CORAM : AVINASH G. GHAROTE, J.

DATE : 02/03/2023 1.

The impugned order does two things (i) imposes the penalty under Section 48 (7) of the Maharashtra Land Revenue Code (for short, "the MLR Code" hereinafter) for illegal transportation of sand to the tune of Rs.8,100/- and (ii) imposes penalty upon the vehicle bearing Tractor No.MH36-Z-5446 and Trolley No.MH-36-Z-4674 of Rs.1,00,000/- under Section 48 (8) of the MLR Code.

2.

Shri Kadu, learned counsel for the petitioner, upon instructions, states that the vehicle has not been involved in any other offence of the similar nature, except the present one, prior in point of time to the present incident. 3.

Since the penalty on the vehicle has been imposed by the Tahsildar, the second part of the order, which imposes penalty upon the vehicle, cannot be sustained and is quashed and set aside.

22. WP 1359 of 2023.odt 4.

Insofar as the first part of impugned order dated 08/02/2023 is concerned, Shri Kadu, learned counsel for the petitioner submits that the petitioner is willing to pay the penalty of Rs.8,100/- by tomorrow. In case the same is done, the vehicle be released in the custody of the petitioner, upon production of the Challan, evidencing the penalty upon the vehicle, temporarily, in case it is not required in any other matter, upon execution of a bond, as required by Rule 9 of the Maharashtra Land Revenue (Extraction and Removal of Minor Minerals) Rules, 1968.

5.

It is, however, made clear that it would be permissible for the learned Sub Divisional Officer (SDO) to initiate appropriate action under Section 48 (8) of the MLR Code for imposition of penalty upon the vehicle and in case any penalty is imposed upon the vehicle by the learned SDO, the vehicle shall immediately be placed in possession and custody of the SDO, unless the fine imposed upon the vehicle is paid. 6.

It is also made clear that in case the said vehicle is found involved in similar offence again, the Authority will be justified in confiscation of the same. The writ petition is accordingly disposed of in the above terms. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR