Bombay High Court
Anil S/O Shyamsunder Agre And Others vs State Of Maharashtra, Through ... on 16 August, 2016
Author: B.P. Dharmadhikari
Bench: B.P. Dharmadhikari, A.S. Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
CRIMINAL WRIT PETITION NO. 374 OF 2015
1. Anil s/o Shyamsunder Agre,
age 44 years, occupation -
Transport Business and Social
Worker, r/o Anand Palace,
Flat No. 302, Old Pardi Naka,
Bhandara Road, Nagpur,
District - Nagpur.
2. Shri Kailash Khedikar,
age - Major, occupation -
Transport Business, r/o
Lalganj Gujari, Nagpur,
District - Nagpur.
3. Shri Hareshkumar Mishra,
age - Major, occupation -
Construction, r/o Prem Nagar,
Nagpur.
4. Shri T. Krishna Mohanrao,
age - Major, occupation -
Construction, r/o Shanti
Nagar, Nagpur.
5. Shri Sanjay Channor,
age - Major, occupation -
Construction, r/o Shanti
Nagar, Nagpur.
6. Ujjwal Narendra Sood,
age 45, occupation -
Business, r/o Plot No. 2162,
Flat No. 201, Akash
Cooperative Society, Old
Bhandara Road, Wardhman
Nagar, Nagpur. ... PETITIONERS
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Versus
1. The State of Maharashtra
through Transport Commissioner,
New Administrative Building,
4th Floor, Near Ambedkar Garden,
Government Colony, Bandre,
Mumbai 400 051.
2. The Chief Secretary,
Department of Transport,
Mantralaya, Mumbai.
3. The Divisional Transport Officer,
Lal Godown, Indora, Nagpur.
4. Sub-Divisional R.T.O. Office,
Gondia, District - Gondia.
5. Director General of Anti
Corruption Bureau, Mumbai.
6. Anti Corruption Bureau,
Civil Lines, Nagpur,
District - Nagpur.
7. Deputy Superintendent,
Anti Corruption Bureau,
Gondia.
8. The Collector, Gondia.
9. The Collector, Nagpur.
10.The Collector, Bhandara.
11.The Collector, Gadchiroli.
12.The Collector, Chandrapur.
13.The Chief Commissioner of
Income Tax, Income Tax Office,
Telangkhedi Road, Civil Lines,
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Nagpur.
14.Superintendent of Police,
Nagpur.
15.Superintendent of Police,
Bhandara.
16.Superintendent of Police,
Gondia.
17.Superintendent of Police,
Chandrapur.
18.Superintendent of Police,
Gadchiroli.
19.Assistant Inspector,
Shri Nitin Ukey, Division Office,
R.T.O. Branch, Nagpur.
20.The Divisional Commissioner,
Nagpur Division, Nagpur.
21.The Divisional Commissioner,
Amravati Division, Amravati. ... RESPONDENTS
Shri S.P. Bhandarkar, Advocate for the petitioners.
Mrs. K.S. Joshi, APP for respondent Nos. 1 to 12, 14 to 18, 20 & 21.
S/Shri S.N. & N.S. Bhattad, Advocate for respondent No. 13.
.....
CORAM : B.P. DHARMADHIKARI &
A.S. CHANDURKAR, JJ.
AUGUST 16, 2016.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
Heard Shri Bhandarkar, learned counsel for the petitioners, Mrs. Joshi, learned APP for respondent Nos. 1 to ::: Uploaded on - 16/08/2016 ::: Downloaded on - 17/08/2016 00:38:10 ::: cwp374.15 4 12, 14 to 18, 20 & 21 and Shri Bhattad, learned counsel for respondent No. 13.
2. The petitioners before this Court pointed out that large scale misappropriation of public revenue occurs through illegal and excessive excavation of Sand. Shri Bhandarkar, learned counsel submits that mostly it occurs during night time.
Our attention is also invited to various orders passed by this Court from time to time.
3. We have seen orders dated 20.04.2016 and last order dated 01.08.2016.
4. The learned APP adds that night surveillance has helped in curbing the menace and deploying drone in Nagpur District has also resulted in avoiding loss to public revenue. She states that about 5000 vehicles indulging in illegal excavation have been seized by the State Government and action against the excavators has been taken.
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5. Shri Bhandarkar, learned counsel submits that surveillance during night hours through human agency has got its own limitations and, therefore, if drones are deployed throughout the State, menace can be effectively avoided.
6. The learned APP points out that this is a criminal writ petition in which limited issue falls for consideration.
7. However, after hearing respective counsel, we find that the orders passed by this Court and assistance rendered by the petitioners as also by the Government has resulted in some benefit to public revenue. If drones can be deployed throughout the State and particularly during night time, it may avoid necessity of involvement of human agency in the night surveillance and that may also result in saving of public revenue, as such, government servants or members of team who perform night surveillance may not be required to be paid any remuneration or overtime. That amount can be conveniently used for procuring and deploying drones. The Government may even consider other alternatives for procuring ::: Uploaded on - 16/08/2016 ::: Downloaded on - 17/08/2016 00:38:10 ::: cwp374.15 6 and providing such drones during night time.
8. As we find that this exercise may require some more thought and also probably policy decision, we direct Respondent Nos. 1 & 2 to look into this order and various orders passed by this Court in the matter, to hear the petitioners or their representative and then to evolve suitable policy decision in this respect within next four months.
9. It appears that the petitioners have attempted to point out unaccounted income of Respondent No. 19. Their submission is, he possesses income disproportionate to known sources. It appears that because of orders of this Court, the Income Tax department has looked into his financial affairs and the department has reported that it could not find anything adverse. Similarly, Anti Corruption trap laid by Respondent No. 5 could not succeed. There is material on record which, according to the learned APP, reveals that allegations made by the petitioners are without any merit.
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10. The material placed on record needs to be looked into by the Competent Authority viz., Respondent Nos. 5 & 6 and that authority has to decide whether any cause for investigation is made out or not. It will be futile on the part of this Court to record any finding at this stage. Hence, we direct that Authority to look into the material produced and to take necessary decision within a period of six weeks from the date of communication of this order to it.
11. With these directions and by making Rule absolute in terms of interim orders already operating, we dispose of the present writ petition. No order as to costs.
12. Needless to mention that the petitioners are at liberty to approach again, if any cause of action arises.
JUDGE JUDGE
******
*GS.
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C E R T I F I C A T E
"I certify that this Judgment uploaded is a true and correct copy of original signed Judgment."
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