Allowed

Sharad Bhagwat Patil v. the Tahsildar Jalgaon and Another

Bombay HC11 Aug 2023WP/5806/2023

Case brief

AI extract

What is this about?

Petitioner challenged imposition of fines for vehicle use and DMF charges by the Tahsildar, claiming lack of officer jurisdiction. Court quashed non-authority charges but maintained fine for illegal transportation. Petitioner allowed; vehicle released on depositing reduced fine and rent.

What did the court decide?

Impose Rs. 45,000/- fine and Rs. 8,152/- rent; release vehicle; other fines and charges quashed.

Sharad Bhagwat Patil Vs the Tahsildar Jalgaon and Another — Corruption | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 5806 OF 2023

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Sharad Bhagwat Patil

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.. Petitioner

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Versus

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The Tahsildar, Jalgaon and another

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.. Respondents

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Mr. Narendra D. Sonavane, Advocate for the Petitioner.
Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 and 2.

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CORAM : KISHORE C. SANT, J.

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 DATED : 11th AUGUST, 2023.

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P. C. :-

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.In this petition, the vehicle of the petitioner is seized by the
Collector on 22.04.2022. The learned Tahsildar thereafter imposed fine
of Rs. 45,000/- under Section 48 (7) (8) of the Maharashtra Land
Revenue Code. The learned Tahsildar also imposed fine of
Rs. 2,00,000/- for use of vehicle, Rs. 4,500/- towards District Mineral
Foundation (DMF) and Rs. 8,152/- as rent of the place where the
vehicle was standing. The grievance is made that, the learned
Tahsildar has no power to impose penalty for the use of vehicle as the
said power is only with the learned Additional Collector and the officer
above the rank of learned Additional Collector. There is also no power
to impose penalty of fine of the charges for DMF as well as rent of the

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place. Though the appeal was filed by the petitioner, the same came to
be dismissed by the learned S.D.O. by order dated 08.08.2022.

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2.Learned advocate for the petitioner submits that, the learned
Tahsildar has no authority to impose fine of Rs. 2,00,000/- for use of
vehicle as well as DMF charges and rent of the place where the vehicle
was standing.

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3.Learned A.G.P. opposes the petition stating that, ultimately the
order of the learned Tahsildar has suffered adjudication at the hands of
the authority i.e. learned S.D.O. and therefore, the same order needs to
be maintained.

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4.However, this Court finds that, since for the use of vehicle fine
can be imposed only by the officer not below the rank of learned
Additional Collector and therefore, the said action and collecting the
amount towards DMF and amount for use of vehicle needs to be
quashed. The order of the learned Tahsildar is thus maintained to the
extent of imposing fine of Rs. 45,000/- i.e. imposed for alleged illegal
transportation of two brass of sand. The amount towards DMF and for
use of vehicle cannot be charged.

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5. The orders passed by the learned Tahsildar and learned S.D.O. to that extent are set aside. The writ petition is allowed with a direction

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that, the vehicle of the petitioner be released on depositing of
Rs. 45,000/- towards fine and Rs. 8,152/- towards rent of the place
where the vehicle was standing.

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6.The said exercise be done within a period of two (02) weeks
from today. The authorities will be at liberty to take action as per law
thereafter. The petitioner would also file an undertaking that he would
abide by the order if passed pursuant to the fresh action, if any, taken
by the authorities. The vehicle shall not be used hereinafter for any
illegal purpose in the similar activity without authorization. Till the
action is finally disposed off he shall not transfer the vehicle. The said
undertaking be filed before the authorities within a period of two (02)
weeks from today by filing copy in this Court.

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7. With the, the writ petition stands disposed off.

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( KISHORE C. SANT, J. )

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P.S.B.

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Sharad Bhagwat Patil v. the Tahsildar Jalgaon and Another

Case brief

What is this about?

What did the court decide?

Sharad Bhagwat Patil v. the Tahsildar Jalgaon and Another

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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