Mustak Ali S/O. Tayyab Ali v. the Additional Collector, Yavatmal and Others

Bombay HC5 Feb 2025WP/5615/2024

Case brief

AI extract

What is this about?

Interim release of seized vehicle on part-payment of penalty; Tahsildar Babhulgaon District Yavatmal penalty Rs.23,530; Sub-Divisional Officer Yavatmal penalty Rs.1,00,000; 50% penalty deposit Rs.50,000; Tractor-Trolly MH-29-CB5446 release; Mustak Ali v. Additional Collector Yavatmal; WP 5615/2024 Bombay High Court Nagpur Bench; M.S. Jawalkar J.; interim relief; final hearing 18.02.2025.

What did the court decide?

Interim relief granted: petitioner permitted to deposit Rs.23,530/- (Tahsildar penalty) plus Rs.50,000/- being 50% of the Sub-Divisional Officer's penalty; respondent No.3 (Tahsildar, Babhulgaon, District Yavatmal) directed to release Tractor-Trolly No.MH-29-CB5446 upon such deposit; matter listed for final hearing on 18.02.2025. Final disposal reserved. ¶¶18

Mustak Ali S/O. Tayyab Ali vs the Additional Collector, Yavatmal and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶18

Issue for consideration

Whether the petitioner's vehicle bearing Tractor-Trolly No.MH-29-CB5446, held back because the penalty amounts imposed by the Tahsildar, Babhulgaon, District Yavatmal and the Sub-Divisional Officer, Yavatmal were unpaid, should be released upon deposit of those amounts.

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Court's answer

By way of interim relief, the Tahsildar, Babhulgaon, District Yavatmal is directed to allow the petitioner to deposit Rs.23,530/- and, in addition, 50% of the penalty imposed by the Sub-Divisional Officer, Yavatmal, i.e. Rs.50,000/-, for release of the vehicle.

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Ratio / Principle

Respondent No.3, the Tahsildar, Babhulgaon, District Yavatmal, is directed to release the vehicle bearing Tractor-Trolly No.MH-29-CB5446 if 50% of the amount per the order dated 24.07.2024 of the Sub-Divisional Officer, Yavatmal and Rs.23,530/- per the Tahsildar's order are deposited.

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Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Mustak Ali s/o Tayyab Ali v. The Additional Collector, Yavatmal and others, Writ Petition No.5615/2024, Coram: Smt. M.S. Jawalkar, J. (decided 05.02.2025) — INTERIM ORDER. The Tahsildar, Babhulgaon had directed deposit of Rs.23,530/- towards penalty (order dated 07.06.2024) and the Sub-Divisional Officer, Yavatmal had imposed penalty of Rs.1,00,000/- (order dated 24.07.2024); the petitioner's Tractor-Trolly No.MH-29-CB5446 was not released for non-payment. Counsel for the petitioner undertook to deposit the Tahsildar's penalty and 50% of the SDO penalty. By way of interim relief the Court directed the Tahsildar to accept Rs.23,530/- plus Rs.50,000/- (50% of the SDO penalty) and directed respondent No.3, the Tahsildar, to release the tractor-trolley upon such deposit. Matter listed for final hearing on 18.02.2025. Note: the operative paragraph records the Tahsildar's order as dated 22.08.2024 while the narrative paragraph records 07.06.2024.

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1 37 wp 5615-2024

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

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WRIT PETITION NO.5615/2024

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Mustak Ali s/o Tayyab Ali Vs.

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The Additional Collector, Yavatmal and others

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

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Court's or Judge's orders

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Shri A.R. Ingole, Advocate for petitioner Shri B.M. Lonare, AGP for respondent Nos.1 to 4

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 05/02/2025

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It appears that the Tahsildar, Babhulgaon, District Yavatmal passed an order dated 07.06.2024 directing the petitioner to deposit Rs.23,530/- towards penalty and the order dated 24.07.2024 passed by the Sub-Divisional Officer, Yavatmal to impose penalty of Rs.1,00,000/- (Rs. One Lakh).

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The learned Counsel for petitioner submits that the vehicle is not released as the amount of penalty is not paid. The learned Counsel for petitioner submits that he is ready to deposit the penalty imposed by the Tahsildar, Babhulgaon, District Yavatmal and 50% of the penalty imposed by the SubDivisional Officer, Yavatmal.

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As such, by way of interim relief, the Tahsildar, Babhulgaon, District Yavatmal is directed to allow the petitioner to deposit the amount of Rs.23,530/- and in addition to that 50% of penalty

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2 37 wp 5615-2024

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imposed by the Sub-Divisional Officer, Yavatmal i.e. Rs.50,000/- for release of vehicle.

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The respondent No.3, Tahsildar, Babhulgaon, District Yavatmal, is hereby directed to release the vehicle bearing Tractor-Trolly No.MH-29-CB5446, if 50% of amount is deposited as per order 24.07.2024 passed by the Sub-Divisional Officer, Yavatmal and amount of Rs.23,530/- as per order dated 22.08.2024 passed by the Tahsildar, Babhulgaon, District Yavatmal.

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List the matter for final hearing on 18.02.2025.

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JUDGE

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R.S. Sahare

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Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 10/02/2025 14:31:04

Mustak Ali S/O. Tayyab Ali v. the Additional Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Mustak Ali S/O. Tayyab Ali v. the Additional Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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