Bombay High Court
Sanjay S/O Bhauroaji Waghmare vs State Of Maha., Thr. The Collector ... on 12 July, 2022
Bench: Manish Pitale
-1- 947.WP.3851.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3851/2022
Sanjay S/o Bhauraoji Waghmare
Vs.
State of Maharashtra through Collector (Revenue), Bhandara & Anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. T.H. Bewali, Advocate for the Petitioner.
Ms. S.S. Jachak, AGP for Respondent Nos.1 & 2.
CORAM : MANISH PITALE, J.
DATED : 12th JULY, 2022.
This petition is listed for consideration for the first
time before this Court, but considering the issue involved and
the fact that copy of the petition was served on the office of the
Government Pleader and the learned AGP is appearing for both
the respondents, the petition is taken up for consideration and
final disposal.
2. The principal ground raised in the present petition
against the impugned order dated 02.06.2022 is that, the said
order imposing the penalty on the petitioner for transporting
gitti i.e. metal stone and the vehicle transporting the same, is in
the teeth of the judgments and orders passed by this Court.
3. The learned counsel for the petitioner has referred to
order dated 30.06.2022, passed by this Court in Writ Petition
No.3547/2022 (Deepak Babanrao Zode Vs. State of
Maharashtra & others) and connected petitions, wherein a
settled position of law has been taken into consideration and it
-2- 947.WP.3851.2022.odt
has been held that gitti being a finished product and not a
mineral, power under Section 48 of the Maharashtra Land
Revenue Code, 1966, could not have been invoked.
4. This Court has perused the aforesaid order on which
reliance is placed. It is found that in the said order, reference is
made to earlier judgment and order dated 22.03.2022, passed
by this Court in Writ Petition No.400/2022 (Subhash s/o
Yadavrao Matte Vs. State of Maharashtra and others) , wherein
this Court, in identical circumstances, set aside the order passed
by the Tahsildar, as being without jurisdiction and granted relief
to the petitioner therein.
5. The learned AGP appearing for the
respondents/State is unable to distinguish the present case from
the facts of the said cases, wherein this Court granted relief to
the petitioner. In the present case also a bare perusal of the
impugned order would show that even as per the Tahsildar, the
petitioner was transporting gitti. The same being a finished
product, the Tahsildar could not have exercised power under
Section 48 of the aforesaid Code.
6. In view of the above, the writ petition is allowed.
The impugned order is quashed and set aside, consequently the
vehicle of the petitioner shall be released forthwith.
JUDGE
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:13.07.2022 19:14
Vijay
