RUMAO CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith and heard by the consent of the parties.

(2.) The above Petition exemplifies total high-handed and arbitrary action of the authorities in seizing two vehicles of the Petitioners without following due procedure of law.

(3.) A few facts which are necessary to be cited for an adjudication of the above Petition are stated thus:- Petitioner No.1 is a partnership firm and is engaged in the business of construction. Petitioner Nos.2 to 4 are the partners of Petitioner No.1. Petitioner No.1 is registered with the Public Works Department of the Government of Maharashtra inter-alia for carrying out various civil works which are awarded by the said Public Works Department. For the purpose of their business, the Petitioners have, amongst others, two vehicles which are dumpers/tippers. One of the dumper/tipper is purchased in the name of Petitioner No.2 and bearing registration No.MH-04-CP-0308. Other dumper/tipper is purchased in the name of Petitioner No.3 and bearing registration No.MH-04-CU-3373. Both the vehicles are hypothecated to the financial institutions who have lent their finances for purchasing the said vehicles to the Petitioners. The said vehicles are inter-alia used for transportation of various materials which are used in the process of construction.