Bombay High Court
Raviraj S/O Dhanraj Puri vs State Of Maha., In Thr Ministry Of … on 23 June, 2025
2025:BHC-NAG:5741
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N THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 257 OF 2021
Shri Raviraj s/o. Dhanraj Puri,
Aged 34 years, Occ.: Business,
R/o. Mata Chowk, Ward No.12,
Shendurjanaghat, Warud,
District Amravati - 444906. ... PETITIONER
...VERSUS...
1. State of Maharashtra,
In the Ministry of Revenue & Forest,
Mantralaya, Mumbai- 32
Through its Chief Secretary.
2. District Collector, Amravati.
3. Tehsildar, Warud,
Tehsil Warud, District Amravati.
4. Police Station Officer,
Police Station, Warud,
District Amravati. ... RESPONDENTS
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Ms Ramaa V. Kukday, Advocate for the Petitioner.
Mr. D. P. Thakare, A.G.P. for Respondents/State.
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CORAM : MRS. VRUSHALI V. JOSHI, J.
JUDGMENT RESERVED ON : 13.06.2025
JUDGMENT PRONOUNCED ON : 23.06.2025
JUDGMENT :
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned Counsel appearing for the parties.
2. By this petition, the petitioner has approached this Court
challenging the order dated 16.12.2020 passed by the respondent No.3 in
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Revenue Proceedings No./MNL-37/26/2020 of mouza Karwar Naka under
the provisions of Section 48(7) and (8) of the Maharashtra Land Revenue
Code (hereafter referred to as “MLR Code”) thereby imposing penalty of
Rs.2,00,000/- towards using truck for transportation of sand and
Rs.1,08,750/- for excavation of 7.25 brass of sand plus a royalty of
Rs.3,200/- on the quantity of sand thereby imposing a total penalty of
Rs.3,11,950/- on the petitioner. The respondent No.3 i.e. Tahsildar, Warud
by order dated 16.12.2020 has also directed the petitioner to furnish a
personal bond of an amount equal to market value of the seized truck,
failing which, the seized truck will not be released.
3. By the Government Resolution dated 03.09.2019, the
guidelines and measures are issued in policy including the terms and
conditions for excavation and transportation of sand by the lease holders.
4. It is the case of the petitioner that on 04.11.2020, the
petitioner sent his truck for transportation of sand. At around 7.30 a.m. on
04.11.2020, the vehicle of the petitioner bearing registration No.MH-27/X-
8193 was intercepted by the respondent No.4 i.e. Police Station Officer,
Warud at mouza Karwar and found that the said truck was allegedly
transporting illegally excavated sand. Upon enquiry by the respondent
No.4, it was found that the said truck was carrying sand beyond the
permissible limit and thus, the truck as well as sand stock came to be seized
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by the respondent No.4 without drawing any spot panchanama and seizure
panchanama. The vehicle was not released.
5. As per provisions of Section 48(8) of the MLR Code, any
Revenue Officer not below the rank of Tahsildar and authorized by the
Collector can seize and confiscate any mineral, machinery and equipment
extracted unauthorizedly. Sub- section 2 of Section 48(8) prescribes that
such machinery or equipment or means of transport seized by the Tahsildar
is required to be produced before the Collector or such other Officer not
below the rank of Deputy Collector authorized by the Collector on that
behalf within 48 hours of such seizure, and such Officer can release such
machinery, equipment or means of transport on payment by the owner
thereto, such penalty as may be prescribed and on furnishing personal bond.
6. By order dated 16.12.2020, passed by the respondent No.3
under the provision of Section 48(8) of the MLR Code thereby imposing
penalty of Rs.2,00,000/- for using truck for transportation of sand and
Rs.1,08,750/- for excavation of 7.25 brass of sand plus a royalty of
Rs.3,200/- on the quantity of sand thereby imposing a total penalty of
Rs.3,11,950 on the petitioner and also directed to furnish a personal bond
of an amount equal to the market value of the seized truck failing which the
seized truck will not be released. The order is without jurisdiction.
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7. The learned A.G.P. has opposed the petition stating that the
order passed by the respondent No.3 is correct.
8. The learned Counsel for the petitioner has stated that the
matter is covered by the judgment of this Court in the case of M/s. Rumao
Constructions and Ors. Vs. State of Maharashtra and Ors. reported in
2010(4) ALL MR 591.
9. From the order dated 16.12.2020, it appears that on the basis
of the report of Police Inspector, Police Station, Warud, had given a
requisition to the Tahsildar to measure the sand, accordingly sand was
measured by the Talathi concerned, who found that the sand admeasuring
7.25 brass was being transported. After referring the Government
Resolution, the penalty was imposed against the sand as well as truck
owner. As regards the powers of Police, the Division Bench of this Court in
Writ Petition No.8424/2018 (Gufran Khan Rahmatullah Khan Vs. State of
Maharashtra and Ors.) decided on 13.03.2019 has held that the action of
seizure by Police Station itself being without jurisdiction, all further actions
taken in the case by the Revenue Authority would also have to be termed as
the ones without jurisdiction.
10. Relying on the said judgment, this Court in Writ Petition
No.1081/2021 (Shri Shoeb Ahmad s/o. Ajaz Ahmad Vs. State of
Maharashtra and Ors) has observed that the police could not have seized
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the vehicle under Section 48 of the MLR Code. Further the Tahsildar could
not have invoked Section 48(8) of the MLR Code to impose penalty on the
truck owner inasmuch as Section 48(8) provides that the
machinery/equipment used for unauthorized transportation of minerals, if
seized under Clause (1) of Section 48(8), the same shall be produced before
the Officer not below the rank of Deputy Collector within 48 hours of such
seizure, who may release the said vehicle/equipment to the owner on
penalty as may be prescribed.
11. Thus, the power to release the vehicle or impose penalty is
given to the officer not below the rank of Deputy Collector. In the present
case, the power has been exercised by the Tahsildar.
12. The learned Counsel for the petitioner has correctly argued
that the Tahsildar could not have acted at the behest of police official and
could not have invoked power under Section 48(8) of the MLR Code. The
Tahsildar has not even considered the transit pass authorizing the petitioner
to transport the sand.
13. The order impugned is, therefore, liable to be quashed and set
aside. Hence, I pass the following order :
i. The Writ Petition is allowed.
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ii. The order dated 16.12.2020 passed by the respondent
No.3 in Revenue Proceedings No./MNL-37/26/2020 is
quashed and set aside.
iii. The amount deposited by the petitioner before the
respondent No.3 shall be remitted to the petitioner within
four weeks from today.
Rule is made absolute in aforesaid terms. No costs.
(MRS. VRUSHALI V. JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 23/06/2025 15:33:36