Prashant Shrawanji Barai v. The Sub Divisional Officer, Amravati And Others

2026:BHC-NAG:2249-DB 116 WP-1269-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1269 OF 2026 [Prashant Shrawanji Barai ..vs.. The Sub Divisional Officer, Amravati 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. A. R. Ingole, Advocate for Petitioner.

Shri. A. V. Palshikar, AGP for Respondents/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 10 th FEBRUARY, 2026 .

.

Heard Shri. A. R. Ingole, learned counsel for the petitioner. 2.

Shri. A. V. Palshikar, learned Assistant Government Pleader, waives service of notice on behalf of respondent Nos.1 to 3.

3.

The petitioner has approached this Court seeking a direction to respondent Nos.2 - the Tahsildar, Amravati and 3 - the Police Station Officer, Local Crime Branch, Amravati (Rural), Amravati, to release the vehicle bearing Tipper Truck No.MH-27-DL-7166 in pursuance to the communication dated 06.02.2026, issued by respondent No.1 - the Sub Divisional Officer, District Amravati.

4.

The contention is that the petitioner is an owner of vehicle bearing Tipper Truck No.MH-27-DL-7166. The said vehicle was seized by respondent No.3 - the Police Station Officer, Local Crime Branch, Amravati (Rural), Amravati, on 24.01.2026. The vehicle is presently lying in the custody of respondent No.3. 5.

The respondent No.1 had issued a communication dated 29.01.2026 to respondent No.2 - the Tahsildar, Amravati, pointing out the action taken against the petitioner's vehicle after measurement of the sand and verification of royalty.

116 WP-1269-2026 6.

Respondent No.2, after conducting the aforesaid verification, issued a communication dated 04.02.2026 to respondent No.1 pointing out that the petitioner was possessing a valid royalty pass for the period from 23.01.2026 to 24.01.2026 and hence, when the vehicle of the petitioner was seized, he was having a valid royalty pass. Also respondent No.2 has informed that after measuring the truck, it was found that the vehicle was not overloaded and was within the limits of a valid transit pass, and accordingly has given no objection for the release of the aforesaid truck. Despite the communication dated 06.02.2026 issued by respondent No.1 to respondent No. 2, the vehicle is not released till date.

7.

In view of the above, and as the aforesaid facts remain uncontroverted, we allow the present writ petition and direct the respondent Nos.2 and 3 to forthwith release the petitioner's vehicle bearing registration No.MH-27-DL-7166 in pursuance of the communication dated 06.02.2026 issued by respondent No.1, which is at record page No.16 (Annexure-B).

8.

The writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 10/02/2026 20:46:49