Shahid S/O Baba Ali vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 12891 Bom

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

                  WRIT PETITION NO. 7935/2022

         Shahid S/o. Baba Ali,
         Aged about 39 years, Occ. Business,
         R/o. Gurunagar, Bhadrawati, Tah-
         Bhadrawati, Dist. Chandrapur.


                                                ... PETITIONER
                                                    (Ori. Appellant)
                              VERSUS

   1.    State of Maharashtra,
         through its Secretary, Revenue
         and Forest Department,
         Mantralaya, Mumbai-32.

   2.    The Tahsildar, Chandrapur,
         Tah. & Dist. Chandrapur.

   3.    The Sub Divisional Officer,
         Chandrapur, Tah. & and Dist.
         Chandrapur.

   4.    The Additional Collector,
         Chandrapur, Tah. & Dist.
         Chandrapur.



                                               ... RESPONDENTS
                                                (Ori. Respondents)

_____________________________________________________________
       Mr. E. N. Quazi, Advocate for petitioner.
       Mr. S. M. Ukey, Addl. Government Pleader for respondent Nos.
       1 to 4.
______________________________________________________________
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                    CORAM                     : VINAY JOSHI, J.

                    DATE OF JUDGMENT          : 12.12.2022.


ORAL JUDGMENT :

RULE. Rule is made returnable forthwith.

2. Heard finally by consent of respective parties.

3. The petitioner's Tipper bearing registration No. MH-34-AB-

4242 has been seized by the Tehsildar allegedly carrying minor

minerals. Vide order dated 27.05.2021, Tehsildar has imposed penalty

for Rs. 2 lakhs for illegal user of vehicle for transporting minor minerals

along with penalty for illegal transportation of minor minerals. The

petitioner has challenged the said order before the Sub-Divisional

Officer and thereafter, the Additional Collector, however both were

dismissed. It is petitioner's contention that the Tehsildar has no

authority to impose penalty of Rs. 2 lakhs for illegal use of vehicle for

transpiration of minor minerals in terms of Section 48(8)(2) of the

Maharashtra Land Revenue Code ('MLR Code'). For this purpose, he

has relied on the decision of this Court in case of Harihar S/o. Mahadev

Puri Vs. State of Maharashtra & anr. (Writ Petition No. 7165/2018,

decided on 15.03.2019). The learned Additional Government Pleader

has not disputed the said legal position.

4. In view of above, the impugned order is quashed and set

aside only to the extent that it imposes penalty for user of the vehicle in

question in illegally transporting the minors and minerals and this

matter is remanded back to the Additional Collector for a fresh decision

in accordance with law with liberty given to the Collector to either

decide himself or assign it to any officer not below the rank of Deputy

Collector for a fresh decision in accordance with law, in terms of

Section 48(8)(2) of the MLR Code.

5. Petition stands disposed of in above terms.

(VINAY JOSHI, J.)

Gohane

Digitally signed by JITENDRA JITENDRA BHARAT BHARAT GOHANE GOHANE Date:

2022.12.13 19:12:48 +0530