Vijay Sheshrao Dolas v. State Of Maharashtra Through Secretary, Department Of Revenue, Mumbai

ldvccw959.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR LD-VC-CW NO. 959/2020 Vijay S. Dolas ..VS..

State of Maharashtra & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.N. Ali, Advocate for the petitioner Shri D.P. Thakare, Addl. GP for the respondent/State CORAM : Z.A.HAQ & ANIL S. KILOR, JJ.

DATED : 24/08/2020 1] The present petition is arising out of the order passed on appeal under Section 247 of the Maharashtra Land Revenue Code (for short "the Code"), relating to seizure of vehicle on the allegation that the petitioner was illegally transporting sand excavated without permission. 2] Shri Thakare, learned Addl. GP raised preliminary objection to the maintainability of the present petition and points out that remedy of filing appeal under Section 247 of the Code before the State Government is available to the petitioner.

3] Shri M.N. Ali, learned advocate for the petitioner, at this stage, requests for withdrawal of the petition with liberty to file appeal before the State Government. He further prays that this Hon'

ble Court may direct the State Government to decide the appeal within stipulated period. ANSARI

ldvccw959.2020 4] In the light of above facts, we allow the petitioner to withdraw the present writ petition with liberty as prayed for. We further direct the State Government to decide the appeal, if any filed by the petitioner, within a period of six weeks from the date of filing of the appeal.

5] The petitioner undertakes to point out this order to the authority as soon as he files the appeal before the State Government.

6] The petition is disposed of accordingly. No order as to costs.

JUDGE JUDGE ANSARI