R.K.Deshpande, J.

1. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the respective parties.

2. The petitioner is seeking a direction to the respondents to release a vehicle bearing Registration No.MH-20-AK-7558 carrying sand of one brass in excess of the weight permitted to be carried out by the vehicle in question. By way of amendment, the order dated 2.11.2017 passed by the Tahsildar, Tumsar and the order dated 24.11.2017 passed by the Sub-Divisional Officer, Tumsar confirming the action of Naib-Tahsildar, Tumsar of seizure and confiscation of vehicle in question in exercise of power under subsection (8) of Section 48 of the Maharashtra Land Revenue Code, 1966 are challenged. By the impugned orders, the petitioner is directed to pay an amount of Rs.2,400/- towards the royalty in respect of extraction of six brass of sand and penalty of Rs.60,000/- for unauthoised transportation.

3. The contention of Mr. S.P. Bhandarkar, learned Counsel appearing for the petitioner is that the action of seizure and confiscation of vehicle along with sand and recovery of royalty and penalty as contemplated by the impugned order cannot be j