HARIHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent.

(3.) In the present case, the vehicle, a truck bearing registration No.MH-30-AV-1008 belonging to the petitioner was intercepted by the Tahsildar, Armori (respondent No.2) on 24.9.2018 at about 10.45 a.m. while the vehicle was in transit on the road and passing from over-bridge across Khobragadi river, near Armori. The interception was done with a view to check the material loaded in the truck and when it was inspected, it was discovered by respondent No.2 that the truck was transporting 10 brass of sand, which was in excess by 5 brass units of sand. It was later on also found that the petitioner had only a transit permit for carriage of 5 brass of sand by his said vehicle. Thus, the transportation of excess 5 brass of sand was found to be illegal by respondent No.2 and accordingly the action under Section 48(7),(8) of the Maharashtra Land Revenue Code, 1966 (in short, "MLR Code, 1966") was taken against the petitioner.