Shubham S/O Dilip Bele v. The Additional Collector, Yavatmal And Others

1 wp 5516.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.5516/2024 (Shubham V Additional Collector, Yavatmal and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.R. Ingole, Advocate for petitioner.

Ms P. Joshi, AGP for resp. nos.1 to 3.

CORAM : N.R. Borkar, J.

DATE : 13-09-2024.

Issue notice to the respondents, returnable on 14-10-2024.

ii.

Learned Assistant Government Pleader, waives service of notice on behalf of respondent nos.1 to 3. iii.

The learned Counsel for the petitioner submits that the petitioner, without prejudice to his rights, is willing to deposit 50% of the penalty amount. It is submitted that subject to the said deposit the auction of the vehicle in question be stayed and it be released in favour of the petitioner, as the livelihood of the petitioner is dependent upon the said vehicle.

iv.

Learned Assistant Government Pleader for the respondents submits that, as the petitioner has not paid the

2 wp 5516.24.odt penalty amount of Rs.1,11,160/- and thus the vehicle in question is put to auction.

v.

Considering the facts and circumstances, the following order is passed :- (a) The auction of the vehicle in question is stayed, subject to deposit of Rs. 75,000/- by the petitioner with the office of respondent No.3-the Tahsildar, Yavatmal. (b) The vehicle in question shall be released in favour of the petitioner on execution of bond in terms of Section 48(8)(2) of the Maharashtra Land Revenue Code, 1966. (N.R. Borkar, J. ) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 13/09/2024 19:10:37