The main legal point established in the judgment is that the seizure of vehicles for transporting minor minerals without authorization is lawful under Section 48(8)(1) of the MLR Code.

JUDGMENT :

Y.G. Khobragade, J.

1. Rule. Rule made returnable forthwith. With the consent of parties, the petition is taken up for final disposal at the admission stage.

2. By this petition under Article 226 of the Constitution of India, the petitioners are praying to quash and set aside the order/notice dated 15.12.2018 and 31.12.2018 issued/passed by respondent No.4 – Tahsildar. The petitioners further pray for issuance of directions against the respondents for releasing the tractor bearing No.MH-18-A-9229, which has been seized under panchanama dated 18.11.2018.

3. Mr. Ghatge, learned counsel for the petitioners submitted that the petitioner No.2 is the registered owner of tractor bearing MH-18-A-9229, which he purchased for agriculture purpose, however, on 18.11.2018, he had lent the said tractor to petitioner No.1 for personal use, who collected acne (murum) and was transporting the same to fill up patholes, but the said tractor was seized by the Mining Officer under panchanama on the ground that the driver of tractor was found transporting minor minerals of half brass without holding royalty receipt and recorded statements of the spot witnesses. On 15.12.2018, the petitioner No.1 was served with show cause notice under Section 48(8)(1) of the Maharashtra Land Revenue (MLR) Code and asked as to why a fine of Rs. 1,04,300/- should not be imposed and as to why crime should not be registered against him for theft of minerals. Thereafter, on 31.12.2018, the respondent No.2 passed the order and directed the petitioner No.2 to deposit fine amount of Rs.1,04,300/-.

4. The learned counsel for the petitioners canvassed that the tractor was carrying acne/murum for filling patholes on the road in front of the house of petitioner No.1 and said minor mineral was collected from the agriculture field of one Shri Hiralal Mahadu Chaudhari, who had dug well in Nandurbar shivar. Therefore, murum/acne was not being transported illegally and there was no necessity to pay any royalty. However, respondent No.6 – Circle Inspector and the Talathi, illegally seized tractor of petitioner No.2 though Section 48 of the MLR Code empowers the Deputy Collector not below the rank of Tahsildar to search and seizeure of vehicle found while transporting illegal minerals. It is further canvassed that though the seizure panchanama was signed by respondent No.3 – Tahsildar, however at the time of search and seizure of the tractor, respondent No.3 – Tahsildar was not present at the spot. Therefore, the impugned notice dated 15.11.2018 and order dated 31.12.2018 are illegal, bad in law and liable to be quashed and set aside. In support of these submissions, the learned counsel for the petitioner has relied on the following judgments/orders of this Court :

(i) Sayyed Iqbal S/o Sayyed Safdar vs The State of Maharashtra – Writ Petition No. 230 of 2019;

(ii) Hanumant s/o Manik Pawar vs The State of Maharashtra and others – Writ Petition No. 10298 of 2018;

(iii) Madhav s/o Shankar Umate vs The State of Maharashtra and others – Writ Petition No. 11174 of 2018;

(iv) Bhagwan s/o Abhimanyu Bangar vs The State of Maharashtra and others – Writ Petition No.10942 of 2018;

(v) Abdul Asif Abdul Kadir vs State of Maharashtra and another – Writ Petition No.6812 of 2015 with connected Writ Petition No.6848 of 2015.

5. On the other hand, the learned AGP Mr. A. S. Shinde submitted that respondent No.4 Tahsildar has filed affidavit-in-reply and stated that in reply affidavit filed on behalf of respondent Nos. 2 and 3, mistakenly stated that on 18.11.2018 at about 2.00 p.m., the panchanama was made by Tahsildar and Circle Officer in his presence and statement of the driver of tractor was recorded by the Circle Officer. However, the respondent No.4 by rectifying said mistake stated that, on 18.11.2018, the then Tahsildar had seized the tractor of the petitioner and the deponent Tahsildar joined with the Tahsil Office, Nandurbar on 22.09.2019 but on the day of seizure of tractor he was not holdin