PRAKASH TUMDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, the petition is taken up for final disposal at the admission stage.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners are praying to quash and set aside the order/notice dtd. 15/12/2018 and 31/12/2018 issued/passed by respondent No.4 - Tahsildar. The petitioners further pray for issuance of directions against the respondents for releasing the tractor bearing No.MH-18-A-9229, which has been seized under panchanama dtd. 18/11/2018.

(3.) Mr. Ghatge, learned counsel for the petitioners submitted that the petitioner No.2 is the registered owner of tractor bearing MH-18-A-9229, which he purchased for agriculture purpose, however, on 18/11/2018, he had lent the said tractor to petitioner No.1 for personal use, who collected acne (murum) and was transporting the same to fill up patholes, but the said tractor was seized by the Mining Officer under panchanama on the ground that the driver of tractor was found transporting minor minerals of half brass without holding royalty receipt and recorded statements of the spot witnesses. On 15/12/2018, the petitioner No.1 was served with show cause notice under Sec. 48(8)(1) of the Maharashtra Land Revenue (MLR) Code and asked as to why a fine of Rs.1,04,300.00 should not be imposed and as to why crime should not be registered against him for theft of minerals. Thereafter, on 31/12/2018, the respondent No.2 passed the order and directed the petitioner No.2 to deposit fine amount of Rs.1,04,300.00.