Bombay High Court
Shalu W/O. Yogesh Gokhe vs State Of Maharashtra Thr. P.S.O., P.S. ... on 29 April, 2019
Author: Pushpa V. Ganediwala
Bench: Sunil B. Shukre, Pushpa V. Ganediwala
1 CWP1176.18(j)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.1176 OF 2018
Shalu w/o Yogesh Gokhe,
Aged about 46 years, Occ. Business,
R/o. Prabhag No.1,
Gudewalpura, Khapa,
Tah.Saoner, Dist. Nagpur. ..PETITIONER
--Versus ---
1. State of Maharashtra,
Through Police Station Officer
Police Station, Khapa,
District Nagpur.
2. The Tahsildar,
R/o. Tahsil Karyalaya,
Savner, Dist. Nagpur
3. Sub-Divisional Officer,
Tahsil Office, Savner,
District Nagpur. .. RESPONDENTS
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Shri S.P.Bhandarkar, Advocate, for petitioner.
Ms. T.Udheshi, Assistant Public Prosecutor for respondents.
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CORAM : SUNIL B. SHUKRE &
PUSHPA V. GANEDIWALA, JJ.
DATED : 29.04.2019
JUDGMENT ( Per Pushpa V. Ganediwala, J.)
1. Rule. Rule is made returnable forthwith and heard finally with the consent of the respective parties.
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2 CWP1176.18(j)
2. The petitioner in this petition has sought release of vehicle- (JCB) bearing registration No. MH-40/KR-3285 which is stated to have been illegally detained by the Naib Tahsildar, Savner. The petitioner has also sought quashment of the order dated 04.10.2018 passed by Sub-Divisional Officer, Savner, thereby imposing penalty of Rs.5,00,000/- ( Rs.Five lacs) on the petitioner.
3. We have heard learned counsel for the parties and perused the records of the case. Admittedly, the aforesaid vehicle (JCB) bearing No. MH-40/KR-3285 was seized by the Naib Tahsildar under Section 48 (8)(2) of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to "MLR Code", for short). This Court in the case of Arvind S/o Vasantrao Raut and others Vs. State of Maharashtra and others (Writ Petition No.4452 of 2018 decided on 27.03.2019 ) has held that the seizure of the vehicle under Section 48(8)(2) of the MLR Code, by an Officer below the rank of Tahsildar is not permissible.
4. In the present case, undisputedly the seizure is made by the Naib Tahsildar, who is obviously below the rank of Tahsildar. Here, the basic action of the respondents itself is not in accordance ::: Uploaded on - 30/04/2019 ::: Downloaded on - 01/05/2019 15:14:12 ::: 3 CWP1176.18(j) with law and therefore, the consequent action, which suffers with fundamental error, stands vitiated.
5. In the result, the petition is allowed. The impugned order dated 04.10.2018 is quashed and set aside. Respondent no.2 is directed to release the vehicle (JCB) bearing No. MH-40/KR-3285 of the petitioner forthwith. Rule is made absolute in the aforesaid terms. No costs.
JUDGE JUDGE
Andurkar..
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