Sou. Mamata W/O Sachin Dhole v. The State Of Maharashtra, Thr. Chief Secretory, Revenue And Forest Dept., Mumbai And ORS.

1 WP-3793-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3793 OF 2025 [Sou. Mamata W/o Sachin Dhole Vs. The State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Rajesh Bagade, Counsel for Petitioner.

Shri N.R. Patil, Assistant Government Pleader for Respondents. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS , JJ.

D ATE : 19 th NOVEMBER, 2025 .

1.

The grievance raised in this petition is that the Vehicle Truck No.MH-27 DT 1155 owned by the petitioner was seized by the respondent No.4 from the custody of driver of the petitioner, Shri Amil Kumare, on 16th June, 2025 at Warud. It is alleged that no reason for such seizure was provided to the petitioner till this date and despite the fact that in last five months, though the petitioner attended the office of the respondent No.4 to know the reason, neither the reason was provided nor any notice or show cause was issued to the petitioner.

2.

It is submitted that to know the reason, even the application in writing was submitted by the petitioner to the respondent Nos.3 and 4 in the month of July, 2025, to which also there is no reply given. 3.

The learned Assistant Government Pleader appearing for the respondents, despite repeated chances granted, could not bring on record any show cause notice or any written communication in reply to the application made by the petitioner in the month of July, 2025, disclosing the reason for the seizure of the vehicle.

4.

Prima facie, we are of the opinion that the action of seizure is arbitrary and is an example of high-handedness. We accordingly direct the respondent No.2-Collector, Amravati to conduct an enquiry in detail and submit a report to this Court within a period of three weeks from today.

2 WP-3793-2025.odt The Collector shall make an enquiry of the concerned officers, who were/are there from the date of the seizure of the vehicle till this date. The Collector is expected to conduct an enquiry in a free and fair manner and submit a report to this Court within the stipulated period. 5.

Place this matter for reporting compliance of this order on 15th December, 2025.

(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) LANJEWAR