Bombay High Court

PRALHAD SUDAM PATILversusTHE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court did not set aside the penalty but allowed the petitioner to approach the Appellate Authority and ordered release of the dumper upon deposit of 25% of the penalty amount.

Summary

The petitioner 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 2,03,630 and the seizure of his dumper (vehicle No. MH‑39‑AD‑9099). While the writ petition was pending, the Sub‑Divisional Officer imposed the penalty on 9 September 2026. The petitioner’s counsel limited the prayer to seeking liberty to approach the Appellate Authority and to be directed to release the seized dumper upon depositing 25% of the penalty. The Court, noting the limited prayer, disposed of the writ petition, granting liberty to approach the Appellate Authority and directing that the dumper be released upon payment of the stipulated 25% and furnishing an undertaking or other conditions. No substantive interference with the penalty order was made.

Issues considered

What is the scope of judicial review over a notice and penalty imposed by a Sub‑Divisional Officer under administrative law?
Whether the petitioner can be directed to deposit a portion of the penalty to secure release of the seized vehicle pending appeal.

Subjects

penalty
seizure
writ petition
appellate authority
vehicle seizure
administrative law
due process

Judgment

                             1                        945wp13389.26.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                945 WRIT PETITION NO. 13389 OF 2026

                     PRALHAD SUDAM PATIL
                             VERSUS
 THE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND
                             OTHERS
                                  ...
          Advocate for the Petitioner : Mr. More Abhijit S.
               AGP for Respondents: Mr. K.S. Patil
                                  …


                         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. 2,03,630/- should not be imposed and the Dumper

bearing No. MH-39-AD-9099, 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 Dumper seized by

them upon depositing 25% of the penalty amount imposed by the Sub
                             2                         945wp13389.26.odt


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 Dumper 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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