Mukesh S/O Subhash Mittal And ... vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 785 Bom

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

                WRIT PETITION NO. 543 OF 2023

 1. Mr. Mukesh S/o Subhash Mittal
    Age 38 Years, Occ. Business,


 2. Mrs. Shailaja W/o Mukesh Mittal
    Age 33 Years, Occ. Business,

     Both R/o House No. 1947, Koradi
     Road, Ward No. 4, Near Water Tank,
     Mo+Post : Khaparkheda,
     Tah-Khaparkheda, District Nagpur.               PETITIONERS

       Versus

 1. The State of Maharashtra
    Through the Secretary,
    Dept. Of Revenue and Forest,
    Madam Cama Road, Mantralya,
    Mumbai-400 032.


 2. The Sub Divisional Officer,
    Wani Tahsil, Wani
    Dist-Yavatmal, Mah-445304.


 3. The Tahashildar,
    Wani Tahsil, Wani
    Dist-Yavatmal, Mah-445304.                       RESPONDENTS
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Mr. P.M. Sinha, Advocate for the Petitioners.
Ms. Tajwar Khan, AGP for the Respondents.
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                   CORAM : AVINASH G. GHAROTE, J.

                   DATED      : 23rd JANUARY, 2023.

ORAL JUDGMENT :-

Heard Mr. Sinha, learned counsel for the petitioners

and Ms. Khan, learned AGP for the respondents/State.

2. Rule. Ms. Khan, learned AGP waives notice for the

respondents/State. Rule made returnable forthwith. Heard

finally with the consent of learned counsels for the rival parties.

3. The petition questions the order dated 27.06.2022

(page 16), which imposes a penalty upon the petitioners for

transporting stone metal (Gitti). This Court in Writ Petition No.

1991/2022 Nagesh s/o Suresh Bawankar Vs. State of

Maharashtra & Ors., decided on 13.04.2022 as well as in Writ

Petition No. 400/2022 Subhash s/o Yadavrao Matte Vs. State of

Maharashtra & Ors., with connected petitions decided on

22.03.2022, has categorically held that stone metal (Gitti), does

not fall within the purview of Section 48 (7) of the Maharashtra

Land Revenue Code, 1966, so as to entitle respondents to 3 9.WP.543-2023 JUDGMENT.odt

impose penalty upon the petitioners for transportation, in view

of which pronouncements the impugned order dated

27.06.2022, is hereby quashed and set aside.

4. The Petition is accordingly allowed. Rule is absolute

in the above terms. No costs.

5. The respondents are directed to release the vehicle.

( AVINASH G. GHAROTE, J.)

S.D.Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:25.01.2023 18:32