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2020 Supreme(Bom) 1450

S.P.DESHMUKH, SHRIKANT D.KULKARNI
Shiv Vahatuk Sena – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.D. Khairnar and C.R. Thorat
For the Respondents: D.R. Kale, GP

JUDGMENT :

S.P. Deshmukh, J.

1. Rule. Rule made returnable forthwith. Heard learned counsel for the parties finally, by consent.

2. The petitions question propriety, legality and validity of order dated 06-06-2020 passed by respondent No. 2 invoking section 2 of the Epidemic Diseases Act, 1897, section 33[1](b)(g)(1) of the Maharashtra Police Act, 1951 and sections 155 and 184 of the Motor Vehicles Act, 1988, restraining sand transport from Nandurbar district border or through the district, directing transport from other routes. Such restraint is to be effective in the territory of Nandurbar district until further orders.

3. Petitioners including members of Shiv Vahtuk Sena, Nasik-a union of truck owners, inter alia, ply their vehicles from adjacent Gujarat state to Maharashtra availing of shortest and convenient route available for transportation passing through Nandurbar district. It is their case that sand is being transported from roads in Nandurbar district for supply to development activities including government projects without any interruption from a very long time.

4. Petitioners contend that business of petitioners and members of the union had come to a grinding halt during t

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