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2022 Supreme(Bom) 1596

MANGESH S. PATIL, Y. G. KHOBRAGADE
Prakash Tumdu Chaudhari – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.V. Ghatge, Advocate
For the Respondent: Mr. A.S. Shinde, Adv

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

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