Sachin Vishram Porje v. The State Of Maharashtra Thr Principal Secretary And ANR

RAMESHWAR LAXMAN DILWALE 23-WP-1831-25.doc Rameshwar Dilwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by RAMESHWAR LAXMAN DILWALE Date: 2025.04.16 14:13:22 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1831 OF 2025 Sachin Vishram Porje .. Petitioner Vs.

The State of Maharashtra & Anr.

.. Respondents ...

Mr. Anshuman Deshmukh, Advocate for the Petitioner. Mr. N. C. Walimbe, Additional Government Pleader with Mr. P. G. Sawant, Assistant Government Pleader for the Respondent Nos.1 and 2.

...

CORAM : A.S. CHANDURKAR & M. M. SATHAYE, JJ DATE : 15th APRIL 2025.

P.C. :

1.

The petitioner is aggrieved by the show cause notice dated 26/12/2024 that has been issued by the Tahsildar, Igatpuri, pursuant to action taken under provisions of Section 48 (7) of the Maharashtra Land Revenue Code, 1966 (for short, "Code of 1966'). During pendency of the writ petition, the Tahsildar was directed to decide the aforesaid show cause notice after giving an opportunity to the petitioner. Accordingly on 13/03/2025, the Tahsildar passed an order imposing a penalty of Rs. 3,98,057/- under Section 48(7) of the Code of 1966.

2.

We find that now the petitioner has an alternate remedy of 1/2

23-WP-1831-25.doc Rameshwar Dilwale approaching the superior Authority for challenging order dated 13/03/2025. Since disputed questions of facts arise in respect of alleged second breakdown of the vehicle and inability of its reporting on the concerned app developed by the State, we are not inclined to go into the challenge of said order. 3.

Learned counsel for the Petitioner submits that the petitioner's vehicle which has been seized may be directed to be released.

4.

Subject to the Petitioner, without prejudice to his rights and contentions, depositing 50% of the amount of penalty as indicated in the order dated 13/03/2025 in the office of the Tahsildar, the petitioner's vehicle shall be released within two days of such deposit, if made.

5.

By clarifying that all points raised on merit are kept open, the writ petition is disposed of.

6.

copy of this order.

[ M. M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2