WRIT PETITION No. 6371 OF 2019

23rd September 2019

Petitioner Counsel: Mr. A.R. Ingole
Respondent Counsel: Mr. A.M. Joshi
Act Name: Maharashtra Land Revenue Code, 1966

Section :
Section 48(8) Maharashtra Land Revenue Code, 1966

Cases Cited :

JUDGEMENT

R.K.DESHPANDE, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The action under Section 48 (8) of the Maharashtra Land Revenue Code, 1966 is taken against petitioners, who are transporter of sand. The charge was that the vehicle was over loaded and it was carrying sand beyond permissible limits. The order of imposing penalty has been passed by the Sub Divisional Officer, which has been confirmed in appeal by the Additional Collector, Nagpur. The amount of Rs.1,24,800/- towards penalty is sought to be recovered and penalty of Rs.2,00,000/- for unauthorisedly carrying the sand in the vehicle has been imposed.

3. The petitioner is prepared to pay penalty of Rs.2,00,000/- for release of vehicle and to furnish the security bond in terms of the relevant Government Resolution. Hence, we do not find any impediment to release the vehicle, if such things are complied with. So far as the balance amount of Rs.1,24,800/- is concerned, it shall be open for the respondents to adopt the mode of recovery of such amount against the petitioner.

4. Writ Petition is, therefore, disposed of by an order as under:-
i] If the petitioner deposits an amount of Rs.2,00,000/- and furnishes security bond, the vehicle i.e. truck bearing registration No. MH-27-BX-7444 be released immediately.
ii] The respondents shall be at liberty to recover the balance amount of Rs.1,24,800/- in accordance with law.
iii] The Writ Petition is accordingly allowed. Rule is made absolute in the aforesaid terms. No costs.