Disposed

Vaibhav Madhav Lahamge v. the State of Maharashtra and Others

Bombay HC8 Oct 2015WP/9183/2015

Case brief

AI extract

What is this about?

The court addressed the non-compliance with procedural mandates regarding the seizure of a vehicle by revenue authorities. It directed the authorities to produce the vehicle before the Deputy Collector by a specified date for release upon execution of a bond and payment of applicable penalty.

What did the court decide?

Directions to produce the seized vehicle before the Deputy Collector by 12.10.2015 for release upon furnishing a personal bond and payment of penalty.

Vaibhav Madhav Lahamge Vs the State of Maharashtra… — Writ and Judicial Review | Bombay HC (2015)

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wp9183.15.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 9183 OF 2015

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Vaibhav Madhav Lahamge .. PETITIONER

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VERSUS

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The State of Maharashtra & others .. RESPONDENTS

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Mr. K.S. Bhore, advocate for petitioner. Mr. D.R. Kale, GP for the State.

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CORAM : R.M. BORDE & P. R. BORA, JJ. DATE : 8^th OCTOBER, 2015.

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PER COURT :

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Grievance of the petitioner in the instant petition is in respect of seizure of the vehicle bearing registration no. MH 15 CK 9084 by the revenue authorities on 25.06.2015 in contravention of provisions contained in section 48 of the Maharashtra Land Revenue Code, 1966. It is contended that though the vehicle is seized on 25.06.2015, the same was not produced before the Collector or the Deputy Collector having jurisdiction in that regard but the said vehicle was handed over to the police authorities under panchanama drawn on the said date. It is contended that in view of provisions of section 48(8)(2) of the Code, the machinery or the equipment or the means of transport used for unauthorised extraction, removal, collection, replacement, picking up or disposal of minor minerals or

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wp9183.15.doc

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transportation thereof, which is seized under sub-section (1), shall be produced before the Collector or such other officer not below the rank of Deputy Collector authorised by the Collector in this behalf, within a period of forty-eight hours of such seizure, who may release such seized machinery, equipment or means of transport on payment by the owner therof of such penalty as may be prescribed and also on furnishing personal bond of an amount not exceeding the market value of the seized machinery, equipment or means of transport stating therein that such seized machinery, equipment or means of transport shall not be used in future for unauthorised extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of the same.

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Since the respondent- authorities have not observed the procedure prescribed as above, we direct the respondent-authorities to produce the vehicle before the Deputy Collector authorised by the Collector in that behalf on 12.10.2015. It would be open for the petitioner to apply for release of the vehicle and, on making such application, the concerned Deputy Collector shall direct release of the vehicle on acceptance of bond for an amount not exceeding the market value of the seized vehicle, forthwith. The petitioner shall also, at the time of release of the vehicle, give an undertaking that the vehicle in question will not be used by him in future for unauthorised extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of the same. It would be open for the Collector to determine the amount of penalty, if any, in observance of the procedure prescribed under the Code and, pass

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wp9183.15.doc

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appropriate order in that regard, separately.

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With the directions as above, writ petition is disposed of.

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( P.R. BORA )	( R. M. BORDE )
JUDGE	JUDGE
dyb

Vaibhav Madhav Lahamge v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vaibhav Madhav Lahamge v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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