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Bombay High CourtWP/5615/2024disposed off

Mustak Ali S/O. Tayyab Ali v. The Additional Collector, Yavatmal And Others

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

1 37 wp 5615-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5615/2024 Mustak Ali s/o Tayyab Ali Vs.

The 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.R. Ingole, Advocate for petitioner Shri B.M. Lonare, AGP for respondent Nos.1 to 4 CORAM :

SMT. M.S. JAWALKAR, J.

DATED : 05/02/2025 It appears that the Tahsildar, Babhulgaon, District Yavatmal passed an order dated 07.06.2024 directing the petitioner to deposit Rs.23,530/- towards penalty and the order dated 24.07.2024 passed by the Sub-Divisional Officer, Yavatmal to impose penalty of Rs.1,00,000/- (Rs. One 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, Babhulgaon, District Yavatmal and 50% of the penalty imposed by the SubDivisional Officer, Yavatmal. 3.

As such, by way of interim relief, the Tahsildar, Babhulgaon, District Yavatmal is directed to allow the petitioner to deposit the amount of Rs.23,530/- and in addition to that 50% of penalty

2 37 wp 5615-2024 imposed by the Sub-Divisional Officer, Yavatmal i.e. Rs.50,000/- for release of vehicle.

4.

The respondent No.3, Tahsildar, Babhulgaon, District Yavatmal, is hereby directed to release the vehicle bearing Tractor-Trolly No.MH-29-CB5446, if 50% of amount is deposited as per order 24.07.2024 passed by the Sub-Divisional Officer, Yavatmal and amount of Rs.23,530/- as per order dated 22.08.2024 passed by the Tahsildar, Babhulgaon, District 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: 10/02/2025 14:31:04