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Bombay High CourtWP/3124/2026disposed off

Rahul Arjun Bhamre v. The State Of Mahrashtra Through Collector And ORS

2026-03-24Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:12648 wp 3124.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 3124 OF 2026 Rahul Arjun Bhamre, age 30 years, Occ. Business, R/o Sambhajinagar, Satana road, Pimpalner Taluka, Dist. Dhule Petitioner.

Versus

1.

The State Of Maharashtra Through Collector, Dhule, District Dhule.

2.

The Sub Divisional Officer, Dhule, District Dhule.

3.

The Tahsildar, Dhule.

Respondents ...

Advocate for Petitioner : Mr. A.S. More AGP for Respondents : Mr. S.D. Ghayal ....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 24, 2026 ORAL JUDGMENT :- 1.

Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.

2.

Present writ petition takes exception to the order dated 05.03.2026 passed by the Respondent no.2/Sub Divisional Officer, Dhule under the provisions of section 48 of the

wp 3124.26.odt Maharashtra Land Revenue Code, thereby imposing penalty against the petitioner.

3.

Learned advocate appearing for petitioner fairly concedes that remedy of appeal is available to the petitioner and he would approach to the Appellate Authority by filing an appeal. However, he submits that vehicle of the petitioner may be directed to be released if petitioner deposits 25% of the amount as directed under the impugned notice/order. Section 256 of the M.L.R. Code provides for release of the vehicle during pendency of appeal if the vehicle owner deposits 25% of the amount as directed under the notice.

4.

In that view of the matter, present writ petition stand disposed of, with liberty in faovur of petitioner to approach the Appellate Authority and, in case, petitioner deposits 25% of the amount as directed under the impugned order passed by the Sub Divisional Officer, petitioner's vehicle be released on furnishing usual undertaking or by imposing other suitable conditions, as found necessary by the appellate authority. Rule is made absolute in above terms.

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

AAA/-