Allowed

Sanjay Ananda Kapase v. the State of Maharashtra and Others

Bombay HC5 Mar 2018WP/2449/2018

Case brief

AI extract

What is this about?

This judgment in six consolidated writ petitions addresses the non-observance of Section 48(8)(2) of the Maharashtra Land Revenue Code regarding seized vehicles used for illegal mineral transportation. The Court directed the respondents to produce the seized vehicles before the Deputy Collector by 7.3.2018 to be released upon furnishing a bond, undertaking, and payment of penalty.

What did the court decide?

directions issued to produce seized vehicles by 7.3.2018 and release upon furnishing bond, undertaking and payment of penalty.

Sanjay Ananda Kapase Vs the State of Maharashtra and Others — Land Acquisition | Bombay HC (2018)

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wp 2426.18 & ors.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.2426 OF 2018

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Shridhar S/o Balasaheb Bhakare Petitioner Versus The State of Maharashtra & others Respondents WITH WRIT PETITION NO.2427 OF 2018 Kiran S/o Pandurang Ajabe Petitioner

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versus

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The State of Maharashtra & others Respondents

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WITH WRIT PETITION NO.2449 OF 2018

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Sanjay Ananda Kapase Petitioner versus The State of Maharashtra & others Respondents WITH WRIT PETITION NO.2450 of 2018 Mahesh S/o Vachistha Ghuge Petitioner versus

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The State of Maharashtra & others Respondents

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WITH WRIT PETITION NO.2451 of 2018 Sagar Anil Pawar Petitioner

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versus The State of Maharashtra & others Respondents

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{2} wp 2426.18 & ors.odt

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WITH WRIT PETITION NO.2452 of 2018

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Shaikh Ruksana Khaja Petitioner

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versus

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The State of Maharashtra & others Respondents

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Mr. A.B. Kharosekar, Mr. S.H. Tripathi, Mr. S.V. Jadhwar, advocates for the petitioners Mr. S.S. Dande, Mr. P.N. Kutti, Mr. C.S. Kulkarni, Mr. S.Y. Mahajan, AGPs for Respondent State

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CORAM : R.M. BORDE & K.K. SONAWANE, JJ

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PER COURT :-

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1 The only issue that arises in these petitions, is in respect of non-observance of provisions of Section 48(8)(2) of the Maharashtra Land Revenue Code in respect of release of vehicles allegedly attached by the respondent authorities on account of illegal transportation of minor minerals.

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2 The procedure laid down under the Code provides for release of the vehicles by the Deputy Collector authorized by the Collector in that behalf. Section 48(8)(2) provides that the machinery or equipments or means of transportation used for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of thereof which are seized under subsection 1 of section 48 shall

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{3}

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wp 2426.18 & ors.odt

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be produced before the Collector or such other officer not below the rank of Deputy Collector, authorized by the collector in that behalf within a period of 48 hours of such seizure, who may release the vehicle on acceptance of bond for an amount, not exceeding the market value of the seized vehicles and also on furnishing an undertaking that the vehicles in question will not be used in future for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of the same.

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3 In the circumstances, we direct the respondents to produce the seized vehicles before the Deputy Collector or any other officer authorized by the Collector in that behalf by 7.3.2018. On production of the vehicles, the Deputy Collector or any other officer authorized in that behalf may direct the owner of the vehicles to furnish personal bond of an amount, not exceeding the market value of the seized vehicle. The Deputy Collector or any officer authorized in that behalf may also ask the owner of the vehicle to produce an undertaking before him stating therein that the vehicles or machinery would not be used for the purpose of unauthorized transportation, extraction, removal, collection, replacement, picking up or disposal of minor minerals. It would also be open for the Collector or officer authorized in that behalf

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{4} wp 2426.18 & ors.odt

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by the Collector to determine the amount of penalty and direct the owner of the vehicle to make payment thereof, subject however to the appellate orders, if any. On furnishing of personal bond and undertaking and payment of penalty if any, the concerned officer shall release the vehicles forth with.

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4 With the directions as above, writ petitions are disposed of.

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(K.K. SONAWANE, J) ( R.M. BORDE, J )

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vbd

Sanjay Ananda Kapase v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sanjay Ananda Kapase 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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