Created by Fuzzy Cloud

Bombay High Court

MAYUR SANJAY ADHAV AND ANOTHERversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The seizure of the vehicle and imposition of penalty by the Tahsildar without compliance with Section 48(a) and sub‑clause (2) of Section 48(8) of the Maharashtra Land Revenue Code is illegal, and the writ petition is allowed.

Summary

Petitioner Mayur Sanjay Adhav challenged the seizure of his dumper (MH-12-FZ-5355) and a JCB machine by the Tahsildar under a panchanama dated 23.04.2025. The Tahsildar, without authority under the Maharashtra Land Revenue Code, issued a show‑cause notice and imposed a penalty of Rs.7,50,000, ignoring the requirement that seized vehicles be produced before the Collector or Sub‑Divisional Officer within 48 hours as mandated by Section 48(a) and sub‑clause (2) of Section 48(8). The High Court, relying on its earlier order in Writ Petition No. 4231 of 2026 and precedent cases, held that the seizure and penalty were illegal. Consequently, the Court allowed the writ petition, directing the release of the dumper and setting aside the penalty. The decision reaffirmed that a Tahsildar lacks power to seize vehicles or impose penalties without following the statutory procedure.

Issues considered

  • Whether the Tahsildar had authority to seize the petitioner’s dumper and impose a penalty under the Maharashtra Land Revenue Code.
  • Whether the procedure prescribed in Section 48(a) and sub‑clause (2) of Section 48(8) was complied with.
  • Whether the penalty imposed by the Tahsildar is valid in the absence of production of the seized vehicle before the Collector/Sub‑Divisional Officer.

Legislation cited

Subjects

  • seizure of vehicle
  • Maharashtra Land Revenue Code
  • Section 48
  • illegal seizure
  • penalty imposition
  • tahsildar authority
  • writ petition
  • minor minerals extraction

Judgment

                                   1                       973wp9462.26.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                 973 WRIT PETITION NO. 9462 OF 2026

                 MAYUR SANJAY ADHAV AND ANOTHER
                                  VERSUS
     THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND
                                  OTHERS
                                      ...
       Advocate for the Petitioners : Mr. Kale Utkarsh Dnyaneshwar
        AGP for Respondent Nos. 1 to 5/State : Ms. Deepali S. Jape
                                      ...



                         CORAM : MANJUSHA DESHPANDE, J.
                         DATE   : 23.09.2026.


PER COURT :

1.           The petitioner is challenging the orders dated 02.07.2025

and 17.07.2025, passed by respondent Nos. 3 and 4 for illegal steps taken

by respondent No. 4 against the petitioner and to release the vehicle of

the petitioner i.e. Dumper bearing No. MH-12-FZ-5355, taken into

custody by the respondent authorities.     The afore mentioned Dumper

was taken into custody vide panchanama dated 23.04.2025.



2.           The learned Advocate for the petitioner submits that by the

same panchanama a JCB machine as well as Dumber were seized. In

Writ Petition No. 4231 of 2026 this Court vide order dated 06.09.2026

has allowed the Writ Petition filed by the petitioner, directing to release

the JCB Machine on the ground that without following the procedure as

contemplated under Section 48 (a)      of the Maharashtra Land Revenue

Code, the JCB machine has been seized by the authorities. Therefore,
                                    2                       973wp9462.26.odt

the dumper which is also seized vide the same panchanama dated

23.04.2025 was also to be released in favour of the petitioner.



3.          I have seen the order and the panchanama placed on record

by the petitioner, as well as the order passed by this Court in Writ

Petition No. 4231 of 2026 undisputedly, the following observations are

made by this Court are as below :

           “7.        The aforesaid scheme of the Code nowhere
           stipulates that Tahsildar has power to seize vehicle or
           equipment or impose penalty for the same. Sub-clause (2)
           of sub-section (8) of Section 48 clearly stipulates that
           power to impose penalty vests with Collector or Sub-
           Divisional Officer on presentation of seized vehicle before
           him within 48 hours. The aforesaid legal position has
           been reiterated by this Court in case of Shahaji Uttam
           Rakibe Vs. The State of Maharashtra and Others (Writ
           Petition No.8915 of 2024), Damodar Nivrutti Parge Vs. The
           State of Maharashtra and Others (Writ Petition No.1441 of
           2024) and Deepak Logistics and Forwarders and Another
           Vs. The State of Maharashtra and Others (Writ Petition
           No. 1273 of 2018).

           8.      In present case, it is discernible that action of
           seizure of vehicle is taken by respondent nos.4 and 5. The
           respondent no. 4 without authority under law, issued
           show cause notice and imposed penalty under section
           48(8) ignoring requirements of sub-clause (2) of sub-
           section (8) of Section 48. The vehicle was seized and kept
           in police station. It was never produced before Sub
           Divisional Officer for further action. The respondent no.4
           illegally assumed power of Deputy Collector, issued show
           cause notice and passed order imposing penalty of
           Rs.7,50,000/-. The petitioner's vehicle is illegally detained
           since 23.04.2025 under pretext of use for illegal
           extraction of minor minerals and further order dated
           02.07.2025 imposing penalty passed by respondent
           no.4/Tahsildar.

           9.          In result, this Court holds that writ petition
                                    3                       973wp9462.26.odt

             deserves to 9. be allowed and same is allowed in terms of
             prayer clause (B) and (C).”


4.            This Court has held that the seizure of the vehicle was done

without following the procedure as prescribed under Section 48 (a) of the

Maharashtra Land Revenue Code, therefore, the Writ Petition stands

allowed.



5.            On the aforementioned background, I do not see why

different view should be taken by this Court.



6.            In the result the Writ Petition is allowed in terms of prayer

Clauses (B, C and D).



                                    ( MANJUSHA DESHPANDE, J. )




mahajansb/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.