Bhagwan Gowardhan Kalhapure v. The State Of Maharshtra And Others

2026:BHC-AUG:10631 wp 2495.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 105 WRIT PETITION NO. 2495 OF 2026 Bhagwan Gowardhan Kalhapure

VERSUS

The State Of Maharshtra And Others ...

Advocate for Petitioner : Mr. A.B. Kharosekar AGP for Respondents: Mr. B.B.Bhise CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 09, 2026 PER COURT :- 1.

Present writ petition takes exception to the show cause notice dated 20.6.2025 issued by the S.D.O. Shrirampur, District Ahilyanagar.

2.

Limited grievance raised by petitioner is that, although petitioner has filed reply to show cause notice and produced relevant documents for consideration, however, no further decision is taken in pursuance to the show cause notice. Even, petitioner is not called for hearing till this date. His vehicle JCB machine is in possession of the respondents authorities since 19.6.2025. He would therefore, urge that at-least respondent no.3 be directed to take further decision.

wp 2495.26.odt 3.

Considering submissions advanced, it can be observed that petitioner is owner of the JCB machine, which has been seized under panchnama dated 19.6.2025 alleging that it was used for excavation of the earth material. Apparently, there is no allegations about theft. In this backdrop, petitioner is served with show cause notice. It was expected that S.D.O. takes expedite decision in the matter, particularly, when petitioner has appeared and filed his reply. In result, writ petition stands disposed of with directions to respondent no.3 S.D.O., Shrirampur to pass further orders in pursuance to the show cause notice within a period of three weeks from today after giving opportunity of hearing to the petitioner. 4.

Learned AGP to communicate this order to the concerned authority.

( S. G. CHAPALGAONKAR, J. ) ...

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