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Shivaji Pundlikrao Khawal v. the Sub Divisional Officer, Samudrapur, Wardha and Another

Bombay HC17 Oct 2025WP/5758/2025

Case brief

AI extract

What is this about?

Interim order, Bombay High Court Nagpur Bench; vehicle release on deposit of penalty; Section 48(7) Maharashtra Land Revenue Code penalty for illegal sand excavation; Tahsildar Samudrapur District Wardha; Tipper Truck Registration No.MH-27-DS-5279 / MH-27-DS5279; 100% penalty deposit; bond and undertaking; livelihood-dependent release of seized vehicle; matter adjourned to 12-01-2026.

What did the court decide?

Interim conditional relief: respondent no.2-Tahsildar, Samudrapur, District Wardha directed to release the Tipper Truck bearing Registration No.MH-27-DS-5279 after the petitioner deposits 100% of the penalty imposed by the impugned order, against necessary bond and undertaking from the petitioner; matter posted for further consideration on 12-01-2026. ¶14

Shivaji Pundlikrao Khawal vs the Sub Divisional Officer, Samudrapur, Wardha and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Tipper Truck bearing Registration No.MH-27-DS-5279, penalised/detained pursuant to the Tahsildar's order under Section 48(7) of the Maharashtra Land Revenue Code, should be released on the petitioner depositing 100% of the penalty amount.

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Court's answer

In the facts and circumstances of the case, upon the petitioner depositing 100% of the penalty amount as directed by the impugned order, respondent no.2-Tahsildar, Samudrapur, District Wardha shall release the vehicle (Tipper Truck bearing Registration No.MH-27-DS-5279) after obtaining necessary bond and undertaking from the petitioner; the deposit is without prejudice to the petitioner's rights and the petition remains pending for further consideration on 12-01-2026.

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Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Prafulla S. Khubalkar, J.), interim order dated 10-12-2025 in Writ Petition No.5758/2025 (Shivaji v. Sub-Divisional Officer, Samudrapur and another): Petitioner challenged the order of respondent no.2-Tahsildar, Samudrapur, District Wardha imposing penalty under Section 48 (7) of the Maharashtra Land Revenue Code for alleged illegal excavation of sand using Tipper Truck bearing Registration No.MH-27-DS5279. Counsel for the petitioner stated, on instructions and without prejudice, willingness to deposit 100% of the penalty, seeking release of the vehicle on which his livelihood depended. The Court directed that, after the petitioner deposits 100% of the penalty as directed by the impugned order, the Tahsildar shall release the Tipper Truck (Registration No.MH-27-DS-5279) after obtaining necessary bond and undertaking from the petitioner. Matter listed for further consideration on 12-01-2026; challenge to the penalty order itself left open.

Shivaji Pundlikrao Khawal v. the Sub Divisional Officer, Samudrapur, Wardha and Another

Case brief

What is this about?

What did the court decide?

Shivaji Pundlikrao Khawal v. the Sub Divisional Officer, Samudrapur, Wardha and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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