BOMBAY HIGH COURT - BENCH AT AURANGABAD
AMBADAS MANIKRAO SAUDAGAR – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
WP 7873/2019
(1)
2489
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 WRIT PETITION NO.7873 OF 2019
AMBADAS MANIKRAO SAUDAGAR
..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
…
Mr. Mahesh P. Kale, Advocate for the Petitioner.
Mr. S. G. Karlekar, AGP for RespondentsState.
…
WITH
89 WRIT PETITION NO.7963 OF 2019
MAROTI LAXMANRAO KARHALE
..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS
…
Mr. Mahesh P. Kale, Advocate for the Petitioner.
Mr. S. B. Pulkundwar, AGP for RespondentsState.
…
CORAM : S. V. GANGAPURWALA &
MANGESH S. PATIL, JJ.
DATED : 1st JULY, 2019.
PER COURT:
1.
The vehicles of the petitioners in these
writ petitions are seized. The petitioners had
moved before the J.M.F.C.. The J.M.F.C. has passed
an order directing the release of vehicles on
certain terms and conditions. The Tahasildar also
has powers to seize the vehicle under Section
(2)
2489
48(7) and (8) of the Maharashtra Land Revenue Code.
The said powers are also exercised by the Revenue
Authority.
2.
We have heard learned counsel for the
petitioners and learned A.G.P.
3.
It appears that the vehicles of
petitioners are seized for illegal excavation and
transportation of the sand. As far as imposition
of penalty and the amount is concerned, the
petitioners have remedy of Appeal. The petitioners
may avail the remedy of Appeal. The present
petitions are only to the extent of seizure of the
vehicles and for the prayers for release of the
vehicles.
4.
Considering that vehicles would be lying
idle and it will not be in anybodies interest to
keep the vehicles idle, we would allow the release
of the vehicles on following conditions:
(i)
The petitioners in each of these
petitions shall deposit an amount of
Rs.1,00,000/ for release of vehicles.
5.
Upon deposit of this amount, the Authority
shall release the vehicles after identifying its
legitimate owner, after verifying the documents and
on petitioners' submitting the bond, so also after
complying with all terms and conditions put forth
(3)
2489
by the J.M.F.C. while directing release of
vehicles.
6.
The deposit of Rs.1,00,000/ each with
Revenue Authority by petitioners would be without
prejudice to the rights and contentions of either
parties.
7.
Writ Petitions are disposed of. No costs.
(MANGESH S. PATIL) (S. V. GANGAPURWALA)
JUDGE
JUDGE
Devendra/July19
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