Kiran S/O. Digambar Ghodake v. The Tehsildar, Tehsil Office, Chandur Railway, Amravati And ANR.

2026:BHC-NAG:2978-DB 1 110-WP-1587-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.1587 OF 2026 Kiran S/o Digambar Ghodake, Chichal Pavani, Bhandara vs.

The Tehsildar, Chandur Railway, Dist. Amravati and anr. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Taranjeet H. Bewali, Advocate for petitioner. Shri I. J. Damle, Assistant Government Pleader for respondents. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATED : 20th February, 2026 Heard Shri. T. H. Bewali, learned counsel for the petitioner. 2.

Shri I. J. Damle learned Assistant Government Pleader, waives service of notice on behalf of the respondents. 3.

The petitioner has approached this Court seeking a direction to respondent No.2-Police Station Officer, Police Station Chandur Railway, District Amravati, to release the vehicle bearing No.MH-12XM-9429 in pursuance to the communication dated 09.02.2026, issued by respondent No.1-Tahsildar, Chandur Railway, District Amravati.

4.

The contention is that the petitioner is an owner of the vehicle bearing No.MH-12-XM-9429. The said vehicle was seized by respondent No.2 - the Police Station Officer, Police Station Chandur Railway, District Amravati, on 29.01.2026 at about 07:00 a.m. The vehicle is presently lying in the custody of respondent No.2. 5.

The respondent No.2 had issued a communication dated 29.01.2026 to respondent No.1-Tahsildar, Chandur Railway, District Amravati, pointing out the action taken against the petitioner's vehicle after measurement of the sand and verification of royalty. 6.

Respondent No.1, after conducting the aforesaid verification, issued a communication dated 09.02.2026 to respondent No.2

2 110-WP-1587-26.odt pointing out that the petitioner was possessing a valid royalty pass for the period from 28.01.2026 to 29.01.2026 and hence, when the vehicle of the petitioner was seized, he was having a valid royalty pass. Also respondent No.1 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 09.02.2026 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 No.2 to forthwith release the petitioner's vehicle bearing registration No.MH-12-XM-9429 in pursuance of the communication dated 09.02.2026 issued by respondent No.1, which is at record page No.22 (Annexure-P-4).

8.

Writ petition is disposed of accordingly. No costs. (Raj D. Wakode, J.) (Anil S. Kilor, J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 20/02/2026 20:09:29