Apparao Somla Rude, Thr. P.O.A., ... vs The Sub Divisional Officer, ...
2023 Latest Caselaw 10687 Bom

2023:BHC-NAG:15183
                                              1                      2-wp-6992-2023-J.odt


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

                             WRIT PETITION NO. 6992 OF 2023

         PETITIONER              :       Apparao Somla Rude,
                                         Age : 53 years, Occ. Business,
                                         R/o Indira Nagar, Pusad,
                                         Tq. Pusad, Dist. Yavatmal,
                                         Through Power of Attorney Kunal s/o
                                         Ratanlalji Rai,
                                         Age : 38 years, Occu. Business,
                                         R/o Ward No. 7, Cotton Market Chowk,
                                         Tah. Dhamangaon Railway,
                                         District Amravati
                                              VERSUS

         RESPONDENTS         :        1. The Sub Divisional Officer,
                                         Mahagaon, Tah. Mahagaon, District Yavatmal

                                      2. The Tahsildar, Mahagaon,
                                         Tq. Mahagaon, Distt. Yavatmal

                     Mr. A.R. Ingole, Advocate for the Petitioner
                     Mr. B.M. Lonare, AGP for respondents / State


                                              CORAM: AVINASH G. GHAROTE , J.

DATED : 16th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the parties.

2. Mr. Lonare, learned Assistant Government Pleader

waives service of notice for respondents.

2 2-wp-6992-2023-J.odt

3. Since under Section 48(8)(2) of the Maharashtra

Land Revenue Code, as the Tahsildar has no power to impose

penalty upon the vehicle and the impugned order does so,

that part of the impugned order would clearly be without

jurisdiction, considering which, the impugned order, dated

18/6/2020, insofar as it imposes penalty upon vehicle by the

Tahsildar is hereby quashed and set aside. The petition is

accordingly partly allowed and the respondents are directed

to release the custody of the vehicle to the petitioner, if not

required in any other matter.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 16/10/2023 17:35:01