Advocates:
['ASHWIN RAMRAO INGOLE', '', 'FILED IN COURT', 'GP']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2803

OF

2022

Aftab Sheikh s/o Arif Sheikh

-Vs.-

State of Maharashtra and others

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Office notes, Office Memoranda of

Coram, appearances, Court's orders

Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------

Mr.A.R.Ingole, counsel for the petitioner.

Ms T.H.Khan, AGP for the respondents.

CORAM : MANISH PITALE

, J

.

DATE : 14.06

.20

22

Heard the learned counsel for the petitioner.

2.

By this petition, the petitioner has challenged

order dated 04/05/2022, passed by the respondent

No.4-Tahsildar, whereby the vehicle, i.e. truck

belonging to the petitioner was seized on the ground

that minor mineral was being illegally transported in

violation of provisions of the Maharashtra Land

Revenue Code, 1966 (hereinafter referred to as the

“Code”). On this basis, penalty was imposed to the tune

of Rs.90,000/-.

3.

By impugned order dated 10/05/2022,

respondent No.3-Sub-Divisional Officer confirmed the

aforesaid order passed by respondent No.4-Tahsildar.

4.

In this petition, the petitioner has raised a

ground of challenge to the effect that the impugned

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orders are rendered unsustainable for the reason that

even according to the respondents, what was

transported was gitti, which is a finished product and

therefore, the provisions of the Code could not have

been invoked to seize the truck belonging to the

petitioner and for imposing penalty under the

provisions of the Code.

5.

Reliance is placed on the recent judgment and

order dated 22/03/2022, passed by this Court in Writ

Petition No.400 of 2022 (Subhash s/o Yadavrao Matte

v. State of Maharashtra and others) and connected

petitions. It is submitted that since the position of law is

in favour of the petitioner, the writ petition deserves to

be allowed.

6.

The respondents appeared through learned

AGP, who is unable to distinguish the facts of the

present case from the facts in the said judgment in the

case of Subhash s/o Yadavrao Matte v. State of

Maharashtra and others.

7.

Perusal of the aforesaid judgment shows that

after placing reliance on earlier judgments, including

the judgment of the Division Bench of this Court, it was

held that gitti, i.e. metal stone being a finished product,

it could not be classified as a mineral for invoking the

provisions of the Code under section 48 thereof.

8.

Since the case of the petitioner is covered under

the aforesaid judgment and order of this Court, it is

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demonstrated by the petitioner that the impugned

orders are unsustainable.

9.

In view of the above, the writ petition is

allowed. The impugned orders passed by respondent

Nos.4-Tahsildar and respondent No.3-Sub-Divisional

Officer are quashed and set aside.

10.

In terms of interim order dated 25/05/2022, the

truck of the petitioner was already released. Hence, no

further orders are required in that regard.

JUDGE

KHUNTE

Signed By:GHANSHYAM S

KHUNTE

Signing Date:16.06.2022 11:03