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Judgment
Heard.
Rule. Rule made returnable forthwith. Heard finally by the consent of the learned counsels for the parties.
The petition challenges the order dated 05.08.2019 and 20.04.2019 passed by respondent no. 4- Tahsildar, Dhamangaon Railway, District Amravati imposing penalty under Section 48(8) of the Maharashtra Land Revenue Code, 1966 (for short, “the Code”) for the alleged illegal transportation of sand by the petitioner without a valid permit and for releasing his truck bearing registration no. MH04-EY-9195. Though, various grounds have been raised in the petition while challenging the impugned order; however, the only ground pressed by the learned counsel for the petitioner during the argument is that the Tahsildar has no power to impose penalty under Section 48(8)(2) of the Code.
I have gone through Section 48(8)(2) of the Code which reads as under:-
“48(8)(2) Such machinery or equipment or means of transport, used for unauthorized extraction, removal, collection, replacement, picking up or disposal of minor minerals or transportation thereof, which is seized under sub-section (1), shall be produced before the Collector or such other officer not below the rank of Deputy Collector authorised by the Collector in this behalf, within a period of forty-eight hours of such seizure, who may release such seized machinery, equipment or means of transport on payment by the owner thereof of such penalty as may be prescribed and also on furnishing personal bond of an amount not exceeding the market value of or the seized machinery, equipment or means of transport, stating therein that such seized machinery, equipment or means of transport shall not be used in future for unauthorised extraction, removal, collection, replacement, picking up or disposal of minor minerals and transportation of the same.”
Bare perusal of Section 48(8)(2) of the Code reveals that, either the Collector or any other person authorized by the Collector not below the rank of a Deputy Collector may impose penalty for releasing the vehicle used for illegal transportation of sand. Therefore, I find force in the argument of the learned counsel for the petitioner that the penalty of Rs.1 lakh imposed by the Tahsildar for releasing the vehicle is without jurisdiction and therefore, the impugned orders require to be set aside and the petition deserves to be partly allowed. Hence, I proceed to pass the following order:-
The Writ Petition is partly allowed.
ii) The impugned order dated 05.08.2019 and 20.04.2019 passed by respondent no. 4- Tahsildar, Dhamangaon Railway, District Amravati in R. C. No. MNL-37/Sonegaon/107/2018-2019 imposing penalty of Rs.1 lakh for release of the vehicle of the petitioner is set aside. The rest of the impugned order passed by the Tahsildar will remain unaffected by this order.
iii) The petitioner has deposited an amount of Rs.1 lakh under the dictum of this Court for grant of interim relief. The Tahsildar is directed to return the balance amount i.e. Rs.19,200/- to the petitioner after deducting the penalty amount of Rs.80,800/- for transporting sand without a valid transfer permit within six weeks from today.
iv) Rule is made absolute in the abovesaid terms. No costs.