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Bombay High CourtWP/1485/2023disposed off

Kishore S/O Vasantrao Barde v. State Of Maha., Thr. Its Secretary Dept. Of Revenue And Forest, Mumbai And ANR.

2023-03-09Hon'Ble Shri Justice Avinash G. Gharote2 pages

11. WP 1485 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1485/2023 Kishore s/o Vasantrao Barde ...Versus...

State of Maharashtra through its Secretary Deptt. of Revenue and Forest, Mantralaya, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri K.A. Kothari, Advocate for petitioner Shri N.R. Patil, AGP for respondents CORAM : AVINASH G. GHAROTE, J.

DATE : 09/03/2023 1.

Heard Shri K.A. Kothari, learned counsel for the petitioner.

2.

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

3.

Assistant Government Pleader Shri N.R. Patil waives service of notice for the respondents/State. 4.

The petition challenges the order dated 23/02/2023 (pg.17), whereby a penalty of Rs.37,440/- has been imposed for illegal transportation of sand. 5.

It is contended that the penalty has already been paid by a challan (pg.19) and therefore, the vehicle be

11. WP 1485 of 2023.odt released. The challan at page 19 indicates payment of penalty of Rs.37,440/-, considering which, the Tahsildar, Parseoni is directed to release the vehicle in the custody of the petitioner within 24 hours of the receipt of this order, in case no proceedings are pending before the Sub Divisional Officer for imposition of penalty of the vehicle.

6.

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

7.

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