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4. Being aggrieved by the said rider mentioned above inter alia directing the applicants to deposit the fine amount imposed by the learned Tahsildar.

5. The learned counsel for the applicants submit that power of Magistrate exercisable under Section 457 of the Code are well-defined and that the Magistrate should not have directed the applicants to deposit the fine amount imposed by the Tahsildar. The revenue authorities may recover the fine amount from the applicant as arrears of land revenue under the Maharashtra Land Revenue Code, 1966 (MLRC).

6. Per contra, the learned APP for the State objected the 4 apl1700.23.J.odt application on the ground that the Revenue Authority has power under Section 48 of the MLRC to impose the penalty and on the payment of such penalty released the vehicle. According to him, the applicant indirectly challenging the order of penalty. Hence, for rejection of the application.

7. The issue raised in this application is whether the Magistrate while exercising power under section 457 of the Code could impose the impugned condition. The powers of Magistrate under section 457 of the Code are independent powers. The Magistrate shall not treat the power conferred upon the Revenue Authority under the MLRC putting any fetters on his power exercisable under Section 457 of the Code. Once the Magistrate decides to exercise the power of 457 of the Code, it is not open for him to put the condition of payment of fine imposed by the Tahsildar under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 as a condition precedent while passing the order under Section 457 of the Code. The Revenue Authority may invoke the provisions and the powers under the MLRC and pass appropriate orders and take suitable steps for its enforcement. It is always open for the Revenue Authority to recover the penalty as arrears of land revenue after following due procedure under the MLRC.