Amol S/O Rameshji Bhonde vs State Of Maha., Thr. Secretary, ...
2022 Latest Caselaw 6255 Bom

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

                          WRIT PETITION NO. 2801 OF 2022
                    (Amol Rameshji Bhonde V/s State of Maharashtra & Ors.)


Office Notes, Office Memoranda of                     Court's or Judge's orders
Coram, Appearances, court's orders or
directions and Registrar's orders


                                  Mr. K. A. Kothari, Advocate for Petitioner.
                                  Ms. S. S. Jachak, AGP for Respondent Nos.1 to 3.
                                                    ------

                                  CORAM         : MANISH PITALE, J.

                                  DATE          : JULY 4, 2022.

               .              Heard learned Counsel for the parties.

2. By this Petition, the Petitioner has challenged the order dated 17/3/2022 passed by the Respondent No.2 - Sub Divisional Officer, Arjuni/Mor, thereby imposing penalty upon the Petitioner in exercise of powers under Section 48 of the Maharashtra Land Revenue Code, 1966 for allegedly transporting minor mineral.

3. This Court while issuing notice on 24/5/2022 granted interim relief in respect of the vehicle of the Petitioner by recording the contention that in the present case the Respondent had proceeded against the Petitioner for having transported 'Gitti' which is a finished product.

               Yadav VG
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4. When the Petition was called out for hearing, the learned Counsel for the Petitioner placed reliance on the Judgment of this Court in the case of Aftab Sheikh Arif Sheikh V/s State of Maharashtra in Writ Petition No.2803/2022 dated 14/6/2022, wherein it has been authoritatively laid down that 'Gitti' i.e. metal stone being finished product cannot be treated as mineral, and that therefore, the Respondent cannot exercise powers under Section 48 of the aforesaid Code against persons similarly situated like the Petitioner herein. The learned AGP was not able to distinguish the present case. Accordingly, the Writ Petition is allowed in terms of prayer clause - (I) of the Petition.

5. The impugned order dated 17/3/2022 passed by the Respondent No.2 - Sub Divisional Officer is hereby quashed and set aside.

(MANISH PITALE, J.)

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:05.07.2022 19:27 Yadav VG