Deepak Rohidas Salunke vs The State Of Maharashtra Through Its ...
2023 Latest Caselaw 12557 Bom

Bombay High Court

Deepak Rohidas Salunke vs The State Of Maharashtra Through Its ... on 11 December, 2023

2023:BHC-AUG:25963



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                                                                      13828.23WP

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              42. WRIT PETITION NO.13828 OF 2023

                     Deepak s/o. Rohidas Salunke,
                     Age: 30 Years, Occu : Business,
                     R/o : Khandarmalwadi,
                     Post Nandur - Khandarmal,
                     Taluka Sangamner,
                     District Ahmednagar.                     .. PETITIONER

                             VERSUS

                     1]    The State of Maharashtra,
                           Through it's Secretary,
                           Revenue and Forest Department,
                           Mantralaya, Mumbai 400 032

                     2]    The Collector,
                           Collector Office, Ahmednagar

                     3]    The Sub Divisional Officer,
                           Sangamner, Taluka Sangamner,
                           District Ahmednagar.

                     4]    The Tahsildar,
                           Tahsil Office, Sangamner,
                           Taluka Sangamner, District Ahmednagar.

                     5]    The Police Inspector,
                           Police Station, Ghargaon,
                           Taluka Sangamner, District Ahmednagar.
                                                            .. RESPONDENTS

                                                 ...
                     Mr.A.B.Kharosekar, Advocate for the petitioner
                     Mrs.M.L.Sangit, AGP for the respondent-State
                                                  ...
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                                                    13828.23WP

                          CORAM : ARUN R. PEDNEKER, J.
                          DATE     : 11.12.2023
ORAL JUDGMENT :

1] Rule. Rule made returnable forthwith and heard

finally.

2] The petitioner has challenged the impugned

panchnama / order dated 13.06.2023 whereby the

petitioner's vehicle carrying khadi has seized by the revenue

authorities.

3] The learned counsel for the petitioner submits

that khadi is not a minor mineral and the same has been

held by this Court in various Judgments. The learned

counsel relies upon the judgment in the case of Vishal

Laxman Shinde Vs. The State of Maharashtra & others in

Writ Petition No.8194 of 2022, decided on 25 th August,

2022. It has been followed in other cases also.

4] The learned AGP for the respondent - State

does not dispute that the vehicle was carrying Khadi as

reflected in the panchanama.

13828.23WP

5] In view of the same, the impugned

panchnama / order dated 13.06.2023 is quashed and set

aside. The Authority concerned is directed to release the

vehicle bearing Registration No.MH-16-CC-4095 within

three [03] days from the date of production of this order

before the authority concerned.

6] Rule is made absolute in above terms. Writ

Petition is disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC