Yogeshwar Udaram Gokhe v. The Additional Collector, Nagpur And Others
1 23 wp 5738-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.5738/2024 Yogeshwar Udaram Gokhe Vs.
The Additional Collector, Nagpur 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 Ms Deepa Charlewar, AGP for respondent Nos.1 to 4 CORAM :
SMT. M.S. JAWALKAR, J.
DATED : 07.04.2025 Heard learned Counsel for petitioner and learned AGP for respondents/State.
2.
The petitioner submits that vehicle was seized when transit pass was in effect. However, the vehicle was not produced before the Sub Divisional Officer within 48 hours as per requirement of Maharashtra Land Revenue Code. He has already deposited penalty imposed by the Tahsildar in respect of sand he was carrying in the vehicle. Around 1 year thereafter, the Sub Divisional Officer passed the order on 28.09.2024 which was challenged by way of amendment.
3.
It is contended that the vehicle has been lying idle for more than one and a half years. He undertakes to deposit 50% of amount imposed by the Sub Divisional Officer within one week and he is also ready to execute personal bond in the sum of amount which is equivalent to the market rate of vehicle. 4.
As such, the vehicle truck No. MH 40-N-4441
2 23 wp 5738-2024 be released on payment of 50% of penalty imposed by the Sub Divisional Officer, Saoner, vide order dated 29.09.2024 and also on executing personal bond in the sum of rupees equivalent to the market rate of vehicle within a period of one week.
5.
List the matter for final hearing on 02.05.2025.
JUDGE R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 08/04/2025 17:33:30