Shukrachari Gulab Ishwarkar v. The Sub Divisional Officer, Tumsar, Bhandara And Another

74wp7787.2023..

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7787 OF 2023 (Shukrachari Gulab Ishwarkar...Vs... SDO, Tumsar and another) ********************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

********************************************************************* Mr. A.R. Ingole, counsel for petitioner.

Mr. N.S. Rao, AGP for respondent Nos. 1 and 2/State. CORAM : AVINASH G. GHAROTE, J.

DATE : 14-12-2023 Heard Mr. A.R. Ingole, learned counsel for petitioner. The petition questions the order dtd. 23.10.2023, passed by the learned Tahsildar (page 26) by which penalty has been imposed upon the illegal transportation of sand.

2.

Learned counsel Mr. A.R. Ingole submits that the petitioner was having valid TP on account of which seizure and imposition of penalty is invalid. 3.

Learned AGP Mr. N.S. Rao supports the order impugned.

4.

Perusal of the three TPs would indicate that it has been generated on 16.7.2023 at 9.32 a.m. for transportation of six brass of sand as against which the seizure memo 16.7.2023 indicates that it was seized at 7.50 am with 5 brass of sand, which time, is prior to

74wp7787.2023..

the issuance of the royalty TP.

5.

I see no reason to interfere in the impugned order. Petition is dismissed. No costs. [AVINASH G. GHAROTE, J] Belkhede