Pranay S/O Kailasrao Shelke vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 11422 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                     WRIT PETITION NO. 3036 OF 2021
                               Pranay Kailasrao Shelke
                                         -Vs.-
         State of Mah., thr.its Secretary, Revenue & Forest Deptt.& others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. A.R.Ingole, counsel for the petitioner.



                                                CORAM : MANISH PITALE, J.

DATE : 20.08.2021

Heard the learned counsel for the petitioner.

2. It is submitted that the petitioner is challenging the imposition of penalty by respondent No.4-Tahsildar in its entirety, but what is highlighted is that in any case, respondent No.4 could not have imposed penalty in respect of the vehicle. In support of this contention, reliance is placed on judgment of the Division Bench of this Court in the case of Harihar s/o Mahadev Puri v. State of Maharashtra and one another (judgment and order dated 15/03/2019 passed in Writ Petition No.7165 of 2018).

3. It is further pointed out that the petitioner has specifically stated in paragraph-4 of the writ petition that the truck of the petitioner has never been seized earlier for any such illegal transportation of minor minerals. It is further submitted that the petitioner is ready to furnish an undertaking/personal bond in terms

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26-wp3036.21.odt

of the provisions of the Maharashtra Land Revenue Code, 1966.

4. In view of the above, issue notice for final disposal, returnable on 23/09/2021.

5. Learned AGP Ms Tajwar Khan waives notice on behalf of all the respondents.

6. In the meanwhile, the vehicle of the petitioner bearing No.MH-04 EL-5528 shall be released, upon the petitioner depositing an amount of Rs.1,50,000/- (Rs.One Lakh Fifty Thousand only) before respondent No.4-Tahsildar and also furnishing personal bond in terms of section 48(8)(2) of the Maharashtra Land Revenue Code, 1966. Upon the petitioner satisfying the conditions, the vehicle in question shall be released forthwith, subject to the result of the present writ petition.

JUDGE

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