Deepak S/O Babanrao Zode vs State Of Maharashtra Thr. Its ...
2022 Latest Caselaw 6083 Bom

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

                    WRIT PETITION NO. 3547 OF 2022
          Deepak Babanrao Zode -Vs.- State of Maharashtra and others
                  WRIT PETITION NO. 3548 OF 2022
      Nilesh Madhukar Bhajipale -Vs.- State of Maharashtra and others
                    WRIT PETITION NO. 3549 OF 2022
           Hemraj Ashok Padole -Vs.- State of Maharashtra and others
                     WRIT PETITION NO. 3550 OF 2022
         Jitendra Sudam Nakhate -Vs.- State of Maharashtra 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.K.A.Kothari, counsel for the petitioners in all petns.
                                       Mr.K.L.Dharmadhikari, AGP for the respondents in WP
                                       Nos.3547 and 3550 of 2022.
                                       Ms T.H.Khan, AGP for the respondents in WP No.3548 of
                                       2022.
                                       Mrs.S.S.Jachak, AGP for the respondents in WP No.3549 of
                                       2022.


                                               CORAM : MANISH PITALE, J.

DATE : 30.06.2022

Heard the learned counsel appearing for the parties.

2. In all these petitions, the petitioners are aggrieved by the action of the respondents in seizing vehicles belonging to the petitioners by exercising powers under the provisions of the Maharashtra Land Revenue Code, 1966 (for short 'Code'), particularly section 48 thereof.

3. The learned counsel for the petitioners brought to the notice of this Court that in all these petitions, the allegation against the petitioners is that their vehicles were transporting gitti (metal stone). It is contended KHUNTE 14-17-WP3547-3550.22.odt

that same being a finished product and not a mineral, the provisions of the Code are clearly not applicable and that therefore, the impugned action on the part of the respondents deserves to be set aside.

4. The learned counsel for the petitioners placed reliance on the judgment and order dated 22/03/2022, passed by this Court in the case of Subhash s/o Yadavrao Matte v. State of Maharashtra and others in Writ Petition No.400 of 2022 and other connected petitions as also order dated 14/06/2022, passed by this Court in the case of Aftab Sheikh s/o Arif Sheikh v. State of Maharashtra and others in Writ Petition No.2803 of 2022, wherein it was held that gitti being a finished product, the provisions of the Code could not have been invoked and that the action of the respondents in seizing vehicle under section 48 of the Code was without jurisdiction.

5. The learned AGPs who appeared in these petitions could not distinguish the present case from the aforementioned cases decided by this Court. In fact, the present petitions are completely covered in favour of the petitioners under the aforesaid earlier orders of this Court.

6. In view of the above, the writ petitions are allowed in terms of the prayers made therein and it is directed that the vehicles belonging to the respective petitioners shall be released forthwith. No costs.

Signed By:GHANSHYAM S KHUNTE JUDGE Signing Date:02.07.2022 10:16

KHUNTE