Sayyed Zafar S/O Sayyed Musa vs State Of Maharashtra Thr. Its ...
2021 Latest Caselaw 250 Bom

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

                      WRIT PETITION NO. 4126 OF 2020
                            Sayyed Zafar s/o Sayyed Musa
                                           -Vs.-
         State of Mah., thr. its Secretary, Revenue & Forest Deptt.and 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.
                                       Mr. S.P.Deshpande, AGP for respondents.




                                                CORAM : MANISH PITALE, J.

DATE : 06.01.2021

Heard the learned counsel for the petitioner.

2. It is contended by the petitioner that the impugned order passed by respondent No.4-Tahsildar is without jurisdiction inasmuch as penalty in respect of the trucks belonging to the petitioner, could not have been imposed under section 48(8) of the Maharashtra Land Revenue Code, 1966.

3. Reliance is placed on the judgment of the Division Bench of this Court in the case of Harihar s/o Mahadev Puri v. State of Maharashtra and another (judgment and order dated 15/03/2019 in Writ Petition No.7165 of 2018).

4. Mr. Deshpande, learned A.G.P. waives notice for final disposal on behalf of the respondents and seeks short adjournment to file reply in the present petition.

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5. In the meanwhile, the trucks belonging to the petitioner bearing registration Nos.MH-27 BE-0908 and MH-27 BX-7575, shall be released on the condition that the petitioner shall deposit an amount of Rs.1,00,000/- for each truck with respondent No.4-Tahsildar and on the further condition that the petitioner shall furnish a personal bond as contemplated under section 48(8)(2) of the Maharashtra Land Revenue Code, 1966, subject to further orders in the present petition.

6. List for final disposal after four weeks.

JUDGE

Ghanshyam Khunte

Digitally signed by Ghanshyam Khunte Date: 2021.01.07 15:49:35 +0530

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