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Bombay High CourtWP/5468/2024disposedoff

Sagar S/O Jagdishprasad Pande v. The Sub Divisional Officer, Kelapur, Yavatmal And Others

2025-02-05Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

1 36 wp 7412-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5468/2024 Sagar s/o Jagdishprasad Pande Vs.

The Sub Divisional Officer, Kelapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.R. Ingole, Advocate for petitioner Shri H.D. Futane, AGP for respondent Nos.1 to 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 05/02/2025 It appears that the Tahsildar passed an order dated 22.08.2024 directing the petitioner to deposit Rs.26,664/- towards penalty and the order dated 26.08.2024 passed by the Assistant Collector/SubDivisional Officer, Kelapur to impose penalty of Rs.1 Lakh.

2.

The learned Counsel for petitioner submits that the vehicle is not released as the amount of penalty is not paid. The learned Counsel for petitioner submits that he is ready to deposit the penalty imposed by the Tahsildar and 50% of the penalty imposed by the Assistant Collector/Sub-Divisional Officer.

3.

As such, by way of interim relief, the Tahsildar is directed to allow the petitioner to deposit the amount of Rs.26,664/- and in addition to it 50% of penalty imposed by the Sub-Divisional Officer

2 36 wp 7412-2024 i.e. Rs.50,000/- for release of vehicle.

4.

The respondent No.2, Tahsildar, Ghatanji, Tq. Ghatanji, Dist. Yavatmal, is hereby directed to release the vehicle bearing Tractor No.MH-29-CB-3871 and Trolly No.MH-29-BP 7571, if 50% of amount is deposited as per order dated 26.08.2024 passed by the Sub-Divisional Officer, Kelapur, District Yavatmal and amount of Rs.26,664/- as per order dated 22.08.2024 passed by the Tahsildar, Ghatanji, Tq. Ghatanji, Dist. Yavatmal.

5.

List the matter for final hearing on 18.02.2025.

JUDGE R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 05/02/2025 17:43:01