Bombay High Court

PRASHANT NARAYAN JATALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioner must challenge the order before the appropriate forum and dismissed the writ petition.

Summary

The petitioner, Prashant Narayan Jatal, filed a writ petition seeking the release of his empty tipper truck (Reg. No. MH-24-AU-7219) which he alleges was seized by the Tahsildar without a panchnama. The respondents produced a panchnama dated 5 June 2026, stating that the petitioner was illegally transporting minerals, and a subsequent order dated 17 July 2026 imposing a fine of ₹2,17,550. The petitioner contended that the seizure was unlawful and that the writ petition was the appropriate remedy. The Court observed that the appropriate remedy is to challenge the order before the designated forum rather than through a writ. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to pursue the matter in the proper forum.

Issues considered

Whether the seizure of the vehicle without a panchnama is violative of procedural law
Whether a writ petition is the correct remedy to challenge the fine and seizure

Subjects

vehicle seizure
panchnama
writ petition
administrative law
mineral transport
fine

Judgment

2026:BHC-AUG:42988-DB
909.WP.7579.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 7579 OF 2026

Prashant Narayan Jatal ...Petitioner

Versus

The State of Maharashtra and Others ...Respondents

***
 Mr. Tukaram Maruti Venjane, Advocate for the Petitioner.
 Mr. S. R. Wakle, AGP for Respondent – State.
***

CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 16th SEPTEMBER 2026.
PER COURT :

1. This writ petition seeks directions to the Respondent

Authorities to release the vehicle of the Petitioner bearing registration

No.MH-24-AU-7219. The Petitioner claims that the empty tipper was

seized / attached by the Tahsildar without conducting a panchnama.

2. The learned AGP, on instructions, has placed on record the

copies of the panchnama dated 05 th June 2026, wherein it is

mentioned that the Petitioner was illegally transporting mine or

mineral and after hearing the Petitioner, the Sub Divisional Officer has

passed an order on 17th July 2026, thereby imposing fine of

₹2,17,550/- on the Petitioner.

Shrikant Malani Page 1 of 2
909.WP.7579.2026.doc

3. The Petitioner has to challenge the order before

appropriate forum. The writ petition is, therefore, disposed of with

liberty to the Petitioner.

( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )

Shrikant Malani Page 2 of 2

Continue reading with your account

Checking your session…