Bombay High Court
Navnath Bapurao Chakor vs The State Of Maharashtra And ... on 21 August, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10146 OF 2017
Nagindar S/o Bhimrao Landge
Age: 38 years, occu: Agri
R/o Balegaon, Tq. Basmat
Dist. Hingoli Petitioner
Versus
1 The State of Maharashtra,
Through its Secretary,
Revenue & Forest Department,
Mantralaya, Mumbai
2 The District Collector,
Hingoli, Tq. And Dist. Hingoli
3 The Tahsildar
Basmat, Tq. Basmat
Dist. Hingoli Respondents
WITH
WRIT PETITION NO.10147 OF 2017
Bapuna S/o Kishanrao Gingine,
Age: 39 years, occu: Agri
R/o Pota
Tq. Aundha, Dist. Hingoli Petitioners
versus
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1 The State of Maharashtra,
Through its Secretary,
Revenue and Forest Department,
Mantralaya, Mumbai
2 The District Collector,
Hingoli, Tq. And Dist. Hingoli
3 The Tahsildar,
Aundha, Tq. Aundha
Dist. Hingoli
4 The Sub-Divisional Officer,
Sub-Divisional Office, Basmat
Tq. Basmat, Dist. Hingoli Respondents
WITH
WRIT PETITION NO.10148 OF 2017
Navnath S/o Bapurao Chakor,
Age: 35 years, Occu: agri
R/o Mategaon,
Tq. Basmat, Dist. Hingoli Petitioner
versus
1 The State of Maharashtra,
Through its Secretary,
Revenue and Forest Department,
Mantralaya, Mumbai
2 The District Collector,
Hingoli, Tq. And Dist. Hingoli
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3 The Tahsildar,
Aundha Nagnath, Tq. Aundha
Dist. Hingoli
4 The Sub-Divisional Officer,
Sub-Divisional Office, Basmat
Tq. Basmat, Dist. Hingoli Respondents
Mr. V.P. Kadam advocate for the petitioners
Mr. S.B. Pulkundwar, Mrs. S.S. Raut, Mr. A.V. Deshmukh,
Assistant Government Pleaders for Respondents
_______________
CORAM : R. M. BORDE & S. M. GAVHANE, JJ.
(Date: August 21, 2017)
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
2 Rule. With the consent of the parties, petitions are taken
up for final decision at admission stage.
3 The petitioners, the owners of the vehicles, have
approached this Court, seeking directions to the respondent -
revenue authorities to release their vehicles, seized on account
of illegal transportation of the minor minerals by the petitioners.
The petitioners contend that, the vehicles belonging to them
have been seized by the revenue authorities. In spite of
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tendering applications for release of vehicles, those have not
been released.
4 In view of section 48(8) of the Maharashtra Land Revenue
Code, the machinery or the equipment or the means of
transport, used for unauthorised extraction, removal, collection,
replacement, picking-up or disposal of minor minerals or
transportation thereof, which is seized under sub-section (1),
shall be produced before the Collector or such other officer, not
below the rank of Deputy Collector, authorised by the Collector in
this behalf, within a period of forty-eight hours of such seizure,
who may release such seized machinery, equipment or means of
transport on payment by the owner thereof such penalty as may
be prescribed and also on furnishing personal bond of an amount
not exceeding the market value of the seized machinery,
equipment or means of transport, stating therein that, such
seized machinery, equipment or means of transport shall not be
used in future for unauthorised extraction, removal, collection,
replacement, picking-up or disposal of minor minerals and
transportation of the same. It is the contention of the petitioners
that, though the vehicles are seized by the revenue authorities,
those are not produced before the Collector or the revenue
authority, within 48 hours as required by section 48 of the
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Maharashtra Revenue Code. It is contended by the petitioners
that, in Writ Petition No.10148/2017 and Writ Petition
No.10147/2017, amount of penalty determined by the Tahsildar
has been deposited by them. However, in spite of deposit of the
amount, the vehicles have not been released.
5 In such circumstances, the respondents are directed to
produce the vehicles belonging to the petitioners in Writ petition
No.10148 and 10147 of 2017 within a period of three days from
today before the Sub Divisional Officer, Basmat. The concerned
officer shall, on tender of application by the respective
petitioners, release the vehicles subject to furnishing of a
personal bond of the amount, not exceeding the market value of
the seized vehicle and also an undertaking to the effect that said
vehicle shall not be used in future for unauthorised extraction,
removal, collection, replacement, picking-up or disposal of minor
minerals or transportation of the same. The concerned Sub
Divisional Officer shall pass the order immediately on production
of the vehicles and not later than two days from the date of such
production. So far as Writ Petition No.10146/2017 is concerned, it
is informed that the amount of penalty has been determined by
the Tahsildar, however, the petitioner has not deposited the
amount of penalty. It would be open for the petitioner to tender
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an appeal to the authority provided under section 247 of
Maharashtra Land Revenue Code and release of vehicle shall be
subject to the order those may be passed in the appeal/revision
proceedings. If the petitioner in Writ petition No.10146/2017
deposits the amount determined by the Tahsildar towards
penalty, the order passed in Writ Petition No.10148 and 100147
of 2017 as above shall apply to the petitioner in Writ petition
No.10146/2017.
6 Rule is made absolute to the extent specified above.
7 There shall be no order as to costs.
(S. M. GAVHANE, J) (R. M. BORDE, J)
vbd
