NEHA AND ORS. Vs. STATE OF MAHARASHTRA AND ORS.
LAWS(BOM)-2017-12-329
HIGH COURT OF BOMBAY
Decided on December 19,2017

Neha And Ors. Appellant
VERSUS
State of Maharashtra And Ors. Respondents

JUDGEMENT

R.K.DESHPANDE,J.(ORAL) - (1.) Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the respective parties.
(2.) The petitioner is seeking a direction to the respondents to release a vehicle bearing Registration No. MH20AK7558 carrying sand of one brass in excess of the weight permitted to be carried out by the vehicle in question. By way of amendment, the order dated 2.11.2017 passed by the Tahsildar, Tumsar and the order dated 24.11.2017 passed by the Sub-Divisional Officer, Tumsar confirming the action of Naib-Tahsildar, Tumsar of seizure and confiscation of vehicle in question in exercise of power under sub-section (8) of Section 48 of the Maharashtra Land Revenue Code, 1966 are challenged. By the impugned orders, the petitioner is directed to pay an amount of Rs. 2,400/- towards the royalty in respect of extraction of six brass of sand and penalty of Rs. 60,000/- for unauthoised transportation.
(3.) The contention of Mr. S.P. Bhandarkar, learned Counsel appearing for the petitioner is that the action of seizure and confiscation of vehicle along with sand and recovery of royalty and penalty as contemplated by the impugned order cannot be justified under the provisions of sub-section (7) and sub-section (8) of Section 48 of the Maharashtra Land Revenue Code. He has urged that seizure and confiscation of the vehicle said to be unauthorisedly carrying the sand, made by Naib-Tahsildar on 2.11.2017 was without any authority. He further submits that, in fact, the said provisions are not at all attracted, unless and until there is a show cause notice issued to the sand ghat owner for unauthorised extraction of sand, which has not been assigned to him by the State Government.;


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