Bombay High Court

GANESH VASANT SHRIKHANDEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court disposed the writ petitions, allowing the petitioners to approach the appellate authority and conditionally release the vehicle upon deposit of 25% of the penalty and furnishing an undertaking.

Summary

The petitioners challenged orders dated 14‑01‑2026 and 17‑02‑2026 issued by the Sub‑Divisional Officer, Dhule under Section 48 of the Maharashtra Land Revenue Code, which imposed penalties and detained their vehicles. Their counsel acknowledged that an appeal under the Code was available and suggested that the vehicles could be released if the petitioners deposited 25% of the assessed amount, as permitted by Section 256 of the same Code. The Court held that the writ petitions would be disposed of, granting the petitioners liberty to approach the appellate authority and, conditionally, to have their vehicles released upon payment of the stipulated 25% deposit and furnishing a usual undertaking. No stay of the S.D.O.’s orders was granted. The petitions were therefore dismissed, with the Court directing that the vehicles may be released pending appeal if the conditions are met.

Issues considered

Whether the orders of the Sub‑Divisional Officer imposing penalty under Section 48 of the Maharashtra Land Revenue Code can be challenged by writ.
Whether the detained vehicle can be released pending appeal upon deposit of 25% of the penalty amount under Section 256 of the Maharashtra Land Revenue Code.

Legislation cited

Maharashtra Land Revenue Code — s. 256, 48

Subjects

writ petition
Maharashtra Land Revenue Code
Section 48
Section 256
vehicle detention
penalty
appeal
High Court of Bombay

Judgment

2026:BHC-AUG:10628


                                                   1                    wp 2497.26+1.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                107 WRIT PETITION NO. 2497 OF 2026

                                       Pravin Raju Shrikhande
                                               VERSUS
                     The State Of Maharashtra Through Collector Dhule And Others
                                                 …
                                                AND
                                108 WRIT PETITION NO. 2498 OF 2026

                                       Ganesh Vasant Shrikhande
                                                 VERSUS
                        The State Of Maharashtra Through Collector And Others
                                                    ...
                     Advocate for the Petitioner : Mr. More Abhijit S.
                     AGP for Respondents: Mr. A.R. Kale / S.R. Yadav Lonikar
                                                    ...

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

                     PER COURT :-

                     1.    Present writ petitions takes exception to the orders dated

                     14.01.2026 and 17.02.2026 respectively 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 2497.26+1.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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