Shoeb Ahmad S/O Ajaz Ahmad vs State Of Maharashtra, Ministry Of ...
2021 Latest Caselaw 478 Bom

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

                                WRIT PETITION NO. 186 OF 2021
                                     Shoeb Ahmed Ajaz Ahmad
                                                -Vs.-
                                      State of Mah. 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.V.S.Kukday, counsel for the petitioner.




                                                CORAM : MANISH PITALE, J.

DATE : 09.01.2021

Heard the learned counsel for the petitioner.

2. It is contended by the petitioner that the impugned order passed by respondent No.3-Tahsildar is without jurisdiction inasmuch as penalty in respect of the truck 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. Issue notice for final disposal, returnable in four weeks.

5. Learned A.G.P. Ms Tajwar Khan waives notice on behalf of the respondents.

KHUNTE

6-wp186.21.odt

6. In the meanwhile, the truck belonging to the petitioner bearing registration No.MH-27 BX-7177, shall be released on the condition that the petitioner shall deposit an amount of Rs.1,00,000/- with respondent No.3-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.

7. Hamdast is granted.

JUDGE

KHUNTE