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Judgment
R.K. Deshpande, J
Rule. Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
The action under subsection (8) of section 48 of the Maharashtra Land Revenue Tribunal is taken against the petitioner, who is transporter of the sand. The charge was that the vehicle was over loaded and it was carrying the sand beyond the permissible limits in the vehicle. The order of imposing penalty has been passed by the Sub Divisional Officer, which has been confirmed in appeal by the Additional Collector, Nagpur. The amount of Rs.1,24,800/ towards penalty is sought to be recovered and the penalty of Rs.2,00,000/ for unauthorisedly carrying the sand in the vehicle has been imposed.
The petitioner is prepared to pay penalty of Rs.2,00,000/ for release of vehicle and to furnish the security bond in terms of the relevant Government Resolution. Hence, we do not find any impediment to release the vehicle, if such things are complied with. So far as the balance amount of Rs.1,24,800/ is concerned, it shall be open for the respondents to adopt the mode of recovery of such amount against the petitioner.
The petition is therefore disposed of by an order as under:
i] If the petitioner deposits an amount of Rs.2,00,000/ after deducting the amount which is already paid and furnishes security bond, the vehicle i.e. truck bearing registration No. MH40BG 7454 be released immediately.
ii] The respondents shall be at liberty to recover the balance amount of Rs.1,24,800/ in accordance with law.
iii] The writ petition shall stands disposed of.
Rule is made absolute in the aforesaid terms. No costs