Nasir Yusuf Khan v. State Of Maharashtra, In The Ministry Of Revenue And Forest, Mumbai The. Its Secretary And Others

WP 4324 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4324/2023 PETITIONER :

Nasir Yusuf Khan, Aged 53 years, Occ : Business, R/o Rizvi Colony, Court - Z.P. Road, Camp, Amravati.

...VERSUS...

RESPONDENTS : 1. State of Maharashtra, In the Ministry of Revenue & Forest, Mantralaya, Mumbai -32 Through its Secretary.

2. District Collector, Amravati.

3. Sub-Divisional Officer, Amravati, Tah. And District Amravati.

4. Tehsildar, Amravati Tah. And District Amravati.

----------------------------------------------------------------------------------------------- Shri V.S. Kukday, Advocate for petitioner Mrs. M.A. Barabde, AGP for respondents ----------------------------------------------------------------------------------------------- CORAM : AVINASH G. GHAROTE, J.

DATE : 13/07/2023 ORAL JUDGMENT 1.

Heard. Rule. Rule made returnable forthwith. Learned Assistant Government Pleader Mrs. M.A. Barabde waives service of

WP 4324 of 2023.odt notice for the respondents on merits. Heard finally with the consent of the learned counsels for the rival parties. 2.

The material in question is Gitti, which is covered by the judgment of this Court in Writ Petition No.138/2022 (Milind Chandrabhan Telgote and another Vs. The State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai - 400 032 and others, decided on 30/03/2022), which position is not disputed by the learned Assistant Government Pleader, in view of which, the impugned order is hereby quashed and set aside and the respondents are directed to release the vehicle i.e. Tipper bearing registration No.MH-31-FC-3944 as well as the material in favour of the petitioner.

3.

Rule is made absolute in the aforesaid terms. No order as to costs.

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