Shravan Manohar Gosai v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Department, Mumbai And Others

wp5161.23.J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5161 OF 2023 Shravan Manohar Gosai, Aged about 45 years, Occupation : Business, R/o. Ward No.3, Vinoba Nagar, Isasani, Nagpur-440019.

....... PETITIONER ...V E R S U S...

1) State of Maharashtra, through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai-32.

2) The Additional Collector, Nagpur, District - Nagpur.

3) The Sub Divisional Officer, Nagpur (Rural), District - Nagpur.

4) The Tahsildar, Hingna, Tq. Hingna, District - Nagpur. ....... RE SPONDENT S -------------------------------------------------------------------------------------------- Mr. A. R. Ingole, Advocate for Petitioner.

Ms. Tajwar Khan, AGP for Respondent Nos.1 to 4/State. --------------------------------------------------------------------------------------------

CORAM:

ANIL S. KILOR , J.

DATE:

th AUGUST, .

ORAL JUDGMENT:

Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

wp5161.23.J.odt 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. Truck bearing registration No.MH-31-DS-6037 as well as the material in favour of the petitioner.

3.

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

(ANIL S. KILOR, J.) NSN SHIVNARAYAN NIKHARE