Praful S/O Sahebrao Karade vs the Additional Collector, Amravati and Others — Bombay HC (2025) — LawSathi Research

Praful S/O Sahebrao Karade vs the Additional Collector, Amravati and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim order (matter kept alive and listed for 16.06.2025): effect and operation of the Tahsildar, Warud order dated 11.03.2022 and the Sub Divisional Officer, Morshi order dated 15.03.2022 stayed, conditional on deposit of 50% of each penalty within one week; on such deposit and execution of a bond, the Sub Divisional Officer, Morshi to release Truck No.CG07-CA-7616. The jurisdictional question itself was not finally decided in this order.

Issue for consideration

Whether the seizure of the petitioner's vehicle by Police Station Warud during the validity of a transit pass renders the impugned revenue orders (and subsequent proceedings) without jurisdiction.

Court's answer

Effect and operation of the impugned order dated 11.03.2022 passed by Tahsildar, Warud and the order dated 15.03.2022 passed by Sub Divisional Officer, Morshi are stayed, subject to deposit of 50% of the penalty imposed by the Tahsildar, Warud and 50% of the penalty imposed by the Sub Divisional Officer, Morshi, both to be deposited within one week.

Ratio / Principle

On such deposit, the Sub Divisional Officer, Morshi shall release the vehicle bearing Truck No.CG07-CA-7616, also upon executing a bond to the satisfaction of the Sub Divisional Officer, Morshi.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench — Smt. M.S. Jawalkar, J. — Writ Petition No.4366/2024 (Praful s/o Sahebrao Karade v. The Additional Collector, Amravati and others), order dated 22.04.2025. Petitioner contended that Police Station Warud seized his vehicle during the validity of a transit pass, making the order without jurisdiction; learned counsel relied on this Court's earlier decisions in Writ Petition No.1080/2021 (Shri Prasad s/o Chakradhar Bhugul) and Writ Petition No.1325/2021 (Alim Khan s/o Mala Khan), which held that where the seizure itself is without jurisdiction, subsequent orders of the Revenue authorities are likewise without jurisdiction. Acting thereon ('In view thereof'), the Court stayed the effect and operation of the Tahsildar, Warud order dated 11.03.2022 and the Sub Divisional Officer, Morshi order dated 15.03.2022, subject to deposit of 50% of the penalty imposed by each authority within one week; upon such deposit and execution of a bond to the SDO's satisfaction, Truck No.CG07-CA-7616 was to be released by the Sub Divisional Officer, Morshi. Matter listed for 16.06.2025. AGP's notice stood waived since August 2024, but no reply had been filed.

1 914 wp 4366-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

WRIT PETITION NO.4366/2024

Praful s/o Sahebrao Karade

Vs.

The Additional Collector, Amravati and others

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

Shri A.R. Ingole, Advocate for petitioner Ms Deepa Charlewar, AGP for respondent Nos.1 to 4

CORAM : SMT. M.S. JAWALKAR, J. DATED : 22.04.2025

Learned AGP seeks time to file reply.

It appears that AGP waived notice in the month of August, 2024, however, till today, no reply is filed.

The contention of the petitioner is that the order is without jurisdiction as the Police Station Warud, seized the vehicle that too during the valid transit pass.

Learned Counsel for petitioner relied in Shri Prasad s/o Chakradhar Bhugul Vs. State of Maharashtra and others in Writ Petition No.1080/2021 and in Alim Khan s/o Mala Khan Vs. State of Maharashtra, Ministry of Revenue and Forest, Mantralaya, Mumbai and others in Writ Petition No.1325/2021 , wherein this Court held that if action of seizure itself is without jurisdiction, subsequent

2 914 wp 4366-2024 orders passed by the Revenue authorities are also without jurisdiction.

In view thereof, the effect and operation of impugned order dated 11.03.2022 passed by Tahsildar, Warud and order dated 15.03.2022 passed by Sub Divisional Officer, Morshi, are hereby stayed subject to deposit 50% of penalty imposed by the Tahsildar, Warud and 50% of the penalty imposed by Sub Divisional Officer, Morshi shall be deposited within one week.

On such deposit, the Sub Divisional Officer, Morshi, shall release the vehicle bearing Truck No.CG07-CA-7616 and also on executing bond to the satisfaction of the Sub Divisional Officer, Morshi.

List the matter on 16.06.2025.

JUDGE

R.S. Sahare

Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 25/04/2025 18:38:43