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Bombay High CourtWP/5758/2025disposed off as a withdrawn

Shivaji Pundlikrao Khawal v. The Sub Divisional Officer, Samudrapur, Wardha And Another

2025-12-10Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 wp5758.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.5758/2025 Shivaji V Sub-Divisional Officer Samudrapur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. A.R. Ingole, Advocate for petitioner.

Mr. Autkar, AGP for resp. nos.1 and 2.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 10-12-2025.

Heard learned advocate for the petitioner.

2.

The petitioner has challenged the order passed by respondent no.2-Tahsildar, Samudrapur, District Wardha under Section 48 (7) of the Maharashtra Land Revenue Code, thereby imposing penalty upon the petitioner for alleged illegal excavation of sand, by using Tipper Truck bearing Registration No.MH-27-DS5279. 3.

Learned Advocate for the petitioner, upon instructions, makes a statement that, without prejudice to his rights, the petitioner is willing to deposit 100% amount of the penalty. He states that, subject to depositing the said amount, the vehicle in question be released as the vehicle is lying idle and the livelihood of the petitioner is dependent on the said vehicle. 4.

In the facts and circumstances of the case, after the petitioner deposits 100% amount of the penalty as directed by the impugned order, respondent no.2-Tahsildar, Samudrapur, District

2 wp5758.25.odt Wardha shall release the vehicle i.e. Tipper Truck bearing Registration No.MH-27-DS-5279. after obtaining necessary bond and undertaking from the petitioner.

5.

Put the matter for further consideration on 12-01-2026. (Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 18/12/2025 10:24:11