Bombay High Court

HIMANSHU ASHOK PATILversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR DHULE AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court held that the petitioners may obtain release of the seized vehicle during the pendency of an appeal by depositing 25% of the penalty amount as directed under Section 256 of the Maharashtra Land Revenue Code.

Summary

The petitioners challenged an order dated 28.01.2026 issued by the Sub‑Divisional Officer, Dhule, which imposed a penalty under Section 48 of the Maharashtra Land Revenue Code and seized their vehicles. Their counsel acknowledged that an appeal was available but sought immediate release of the vehicles. The petitioner’s advocate argued that Section 256 of the same Code permits release of a seized vehicle during the pendency of an appeal if the owner deposits 25% of the assessed amount. The Court examined the statutory provision and held that the petitioners could approach the appellate authority and, upon depositing the stipulated 25%, obtain release of the vehicles subject to an undertaking or other conditions. Accordingly, the writ petitions were disposed of, granting liberty to the petitioners to pursue the appeal and seek release. The order emphasizes compliance with Section 256 as a condition for interim relief.

Issues considered

Whether a vehicle seized under a penalty order can be released pending appeal upon deposit of 25% of the penalty under Section 256 of the Maharashtra Land Revenue Code.

Legislation cited

Maharashtra Land Revenue Code — s. 256, 48

Subjects

writ petition
vehicle seizure
penalty
Section 256
Maharashtra Land Revenue Code
release pending appeal
appellate remedy

Judgment

2026:BHC-AUG:10630


                                                  1                      wp 2178.26.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 77 WRIT PETITION NO. 2178 OF 2026

                                          Rahul Arjun Bhamre
                                                VERSUS
                     The State Of Maharashtra Through Collector Dhule And Others
                                                    ...
                           Advocate for Petitioner : Mr. More Abhijit S.
                           AGP for Respondents: Mr. C.V. Bhadane/ G.O.
                     Wattamwar
                                                    …
                                                  AND

                                 78 WRIT PETITION NO. 2180 OF 2026

                                        Himanshu Ashok Patil
                                               VERSUS
                     The State Of Maharashtra Through Collector Dhule And Others
                                                  ...

                                        CORAM : S. G. CHAPALGAONKAR, J.
                                        Dated      : March 09, 2026

                     PER COURT :-

                     1.    Present writ petitions takes exception to the order dated

                     28.01.2026 passed by the Sub Divisional Officer, Dhule under

                     the provisions of section 48 of the Maharashtra Land Revenue

                     Code, thereby imposing penalty against the petitioner/s.


                     2.    Learned advocate appearing for the petitioner/s fairly

                     concedes that remedy of appeal is available to the petitioner/s

                     and they would approach to the appellate authority by filing an

                     appeal. However, he submits that vehicles of petitioner/s may
                               2                     wp 2178.26.odt

be directed to be released, if petitioner/s deposit 25% of

amount as directed under the impugned notice/order. Section

256 of the M.L.R. Code provides for release of the vehicle

during pendency of appeal if the vehicle owner deposits 25%

of the amount as directed under the notice.


3.      In that view of the matter, present writ petitions stand

disposed of, with liberty in faovur of petitioner/s to approach

Appellate Authority and, in case, petitioner deposits 25% of the

amount as directed under the impugned order passed by the

S.D.O, petitioner’s vehicle be released on furnishing usual

undertaking or by imposing other suitable conditions as found

necessary by the appellate authority.


4.      Writ petitions stand disposed of.



                                   ( S. G. CHAPALGAONKAR, J. )
                                   …
AAA/-

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