Dnyaneshwar Devidas Kharat vs The State Of Maharashtra And Others on 24 November, 2020
Under such circumstance, it is for this Court to take the same view
that was taken by the Division Bench of this Court in case of Ambadas
Manikrao Saudagar (Supra) that some amount can be directed to be
deposited by the petitioner with the revenue authorities and then on
that condition the tractor can be released. Taking into consideration
the contents of the First Information Report, that the illegal
excavation of sand was to the tune of Rs.1,82,000/-, it would be
appropriate for this Court to direct the petitioner to deposit amount
of Rs.1,00,000/- with the Revenue Authorities in addition to the
other terms those have been imposed by the learned Judicial
Magistrate, First Class, and by setting aside the term 5 (A) in the
said order. This order would then be without prejudice to the rights
of the Revenue authorities to proceed under Section 48 of
Maharashtra Land Revenue Code.