Sau. Soni Gajanan Kalbande v. The Tahsildar, Achalpur, Amravati And Another

81-wp-2842-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 2842 of 2025 Sau. Soni Gajanan Kalbande

Versus

The Tahsildar, Tah. Achalpur, Amravati and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R.Ingole, Advocate for the petitioner. CORAM : PRAVIN S. PATIL, J.

DATED : 30th MAY, 2025.

VACATION COURT Heard.

2.

Issue notice to the respondents, returnable on 17th June, 2025.

3.

Shri C.A.Lokhande, learned Assistant Government Pleader waives service of notice on behalf of the respondents/State. 4.

By way of present petition, the petitioner is challenging the order dated 24th May, 2025 passed by the respondent no.1 by which the vehicle Truck bearing No. MH27 BX-9008 is seized. The said vehicle used for transporting the sand. According to petitioner SKNair

81-wp-2842-25.odt respondent no. 2 without any authority or power seized the said vehicle. The petitioner to substantiate his submission has relied upon the judgment passed by this Court in the case of Salman Illiyas Kha Pathan Vs. State of Maharashtra and others dated 3rd June, 2024 in Writ Petition No. 2623 of 2022. The issue is squarely covered and decided by this Court by holding that Police Station Officer has no authority to seize the vehicle.

5.

In view of above, there shall be ad-interim relief in terms of prayer clause (iii).

[PRAVIN S.PATIL, J.] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 06/06/2025 14:48:13 SKNair