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Bombay High Court

MANOJ GULABSINGH RAJPUT AND ANOTHERversusTHE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court disposed the writ petition, granting liberty to approach the Appellate Authority and directing that the JCB be released upon deposit of 25% of the penalty.

Summary

The petitioners challenged a notice dated 31 July 2026 issued by the Sub‑Divisional Officer, Nandurbar, which demanded a reply within 48 hours to avoid a penalty of Rs 7,50,000 and the seizure of their JCB machine (MH‑39‑AJ‑0540). While the petition was pending, the Sub‑Divisional Officer imposed the penalty on 9 September 2026. The petitioners then limited their prayer to a direction that the Appellate Authority release the seized JCB upon the petitioner depositing 25% of the penalty amount. The High Court, noting the limited prayer, disposed of the writ petition, granting liberty to approach the Appellate Authority and ordering that the JCB be released upon deposit of the stipulated amount and furnishing an undertaking. The court emphasized that the petitioner must comply with the deposit condition if he proceeds to the appellate forum.

Issues considered

  • What relief, if any, can the High Court grant in a writ petition limited to seeking direction to an Appellate Authority for release of seized property?
  • Whether the petitioner must deposit a portion of the penalty before the seized JCB can be released by the Appellate Authority.

Subjects

  • writ petition
  • penalty
  • seizure
  • JCB machine
  • administrative notice
  • appellate authority
  • deposit requirement
  • High Court
  • Maharashtra

Judgment

                             1                        944wp13387.26.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                944 WRIT PETITION NO. 13387 OF 2026

          MANOJ GULABSINGH RAJPUT AND ANOTHER
                        VERSUS
 THE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND
                        OTHERS

                                    ...
            Advocate for the Petitioners : Mr. More Abhijit S.
     AGP for Respondents/State : Dr. Kalpana Patil Bharaswadkar
                                    …


                         CORAM : MANJUSHA DESHPANDE, J.
                         DATE   : 30.09.2026


PER COURT :

1.          The petitioner has raised the challenge to the notice dated

31.07.2026 issued by the Sub Divisional Officer, Nandurbar, calling upon

him to file reply to the said notice, within 48 hours, as to why the

penalty of Rs. 7,50,000/- should not be imposed and the machine i.e.

J.C.B. bearing No. MH-39-AJ-0540, should not be seized and the

aforesaid penalty should not be imposed upon him. This notice has been

challenged by the petitioner in the present Writ Petition.



2.          When the matter is called upon, the learned Advocate for the

petitioner submits that during the pendency of the present Writ Petition

the order of penalty has been passed by the Sub Divisional Officer on

09.09.2026. Therefore, now he would restrict his prayer only to the

extent that when he approaches to the Appellate Authority, the directions

may be issued to the Appellate Authority to release the JCB machine
                              2                        944wp13387.26.odt


seized by them upon depositing 25% of the penalty amount imposed by

the Sub Divisional Officer.



3.           In view of the limited prayer made by the learned Advocate

for the petitioner, the present Writ Petition is disposed of with liberty in

favour of the petitioner to approach the Appellate Authority to raise

challenge to the impugned order dated 09.09.2026.



4.           In case the petitioner approaches to the Appellate Court, the

petitioner shall deposit 25% of the amount of penalty as directed in the

impugned order passed by the Sub Divisional Officer. Upon such deposit

being made the aforesaid machine /JCB vehicle of the petitioner shall be

released on furnishing undertaking or by imposing other suitable

conditions by the Appellate Authority.



5.           With these directions, the Writ Petition is disposed of.




                                    ( MANJUSHA DESHPANDE, J. )




Mahajansb/


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