Bombay High Court

RANVEER GULABSINGH RAJPUTversusTHE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court disposed of the writ petition, granting the petitioner liberty to approach the Appellate Authority and directing release of the dumper upon deposit of 25% of the penalty.

Summary

The petitioner challenged a notice dated 05.08.2026 issued by the Sub‑Divisional Officer, Nandurbar, which demanded a reply within 48 hours to avoid a penalty of Rs. 2,35,302 and seizure of his dumper. While the writ petition was pending, the Sub‑Divisional Officer imposed the penalty on 09.09.2026. The petitioner then limited his prayer to seeking directions that the Appellate Authority release the seized dumper upon deposit of 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 the stipulated deposit and any suitable conditions. The petition was therefore dismissed on its original terms, with the petitioner allowed to pursue relief before the Appellate Authority.

Issues considered

What is the appropriate relief that can be granted by a High Court in a writ petition challenging an administrative notice and subsequent penalty order?
Whether the petitioner must deposit a portion of the penalty before the seized dumper can be released by the Appellate Authority.

Subjects

writ petition
penalty
seizure of property
appellate authority
administrative law
deposit requirement

Judgment

                             1                        946wp13390.26.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                946 WRIT PETITION NO. 13390 OF 2026

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

                                     ...
             Advocate for the Petitioner : Mr. More Abhijit S.
             AGP for Respondents: Ms.Vaishali S. Chaudhari
                                     …


                         CORAM : MANJUSHA DESHPANDE, J.
                         DATE   : 30.09.2026


PER COURT :

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

05.08.2026 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. 2,35,302/- should not be imposed and the Dumper

bearing No. BR-01-GL-4316 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
                             2                         946wp13390.26.odt


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 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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