Prakash S/O Tulshiram Kharade vs State Of Maharashtra, Through ...
2022 Latest Caselaw 565 Bom

                        1/3                         Judg.26.wp.2179.2021



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH : NAGPUR

                 WRIT PETITION NO. 2179 OF 2021


     Prakash Tulshiram Kharade
     Aged 45 Years, Occupation - Agriculturist
     Resident at - Amdapur, Tahsil - Chikhli,
     District Buldhana.                        ...         PETITIONER


                VERSUS


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

2.   Sub Divisional Officer
     Sub Division Sindkhed Raja, Tahsil -
     Sindkhed Raja, District Buldhana.

3.   Tahsildar
     Tahsil Office, Deulgaon Raja, Tahsil
     Deulgaon Raja, District Buldhana.

4.   The Police Station Officer
     Police Station, Andhera, Tahsil Deulgaon
     Raja, District Buldhana.                 ...     RESPONDENTS


Mr. S. U. Bhuyar, Advocate for Petitioner.
Ms. N. P. Mehta, AGP for Respondent Nos.1 to 4.
                          2/3                        Judg.26.wp.2179.2021



                               CORAM     : A. S. CHANDURKAR &
                                           ANIL L. PANSARE, JJ.

                               DATE      : JANUARY 17, 2022.


ORAL JUDGMENT [PER ANIL L. PANSARE, J.]


.          Heard Mr. Bhuyar, the learned Counsel for the Petitioner

and Ms. Mehta, the learned AGP for Respondent Nos.1 to 4.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned Counsel for the respective parties.

3. Grievance of the Petitioner that arise for consideration in

this Petition is that, without conducting inquiry and without granting

opportunity of hearing to the Petitioner, the Respondent No.3 -

Tahsildar has detained the Tipper (Truck) bearing registration No.

MH-28-B-8952 in the premises of Police Station, Andhera. As such, the

Petitioner has challenged the order of Respondent No.3 - Tahsildar by

filing the Appeal before the Respondent No.2 - Sub Divisional Officer

along with the application for releasing the said Tipper (Truck) on

supratnama, however, the said application has not yet been decided by 3/3 Judg.26.wp.2179.2021

the Respondent No.2. Hence, the Petitioner is before this Court in the

present Petition.

4. Having heard learned Counsel for both the sides, the

purpose will be served, if the Respondent No.2 is directed to consider

request of Petitioner to release the Tipper (Truck) on supratnama

pending decision in the Appeal before it.

5. The Respondent No.2 is accordingly directed to consider

aforesaid request of the Petitioner within four weeks from the date of

receipt of this order.

6. Rule is made absolute in above terms. No costs.

(ANIL L. PANSARE J.) (A. S. CHANDURKAR, J.)

Yadav VG

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:18.01.2022 14:40