1 PB6 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 6 WRIT PETITION NO. 11873 OF 2025 PRADEEP LAXMAN FULARI VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS ... Advocate for the Petitioner : Mr. Manoj A. Dond AGP for Respondent/State: Mr. Rajdeep D. Raut ... CORAM : ARUN R. PEDNEKER, J. DATE : 13.10.2025 PER COURT: 1. Heard. 2. The learned counsel for the petitioner submits that the vehicle (JCB) was seized by the authorities on 27.07.2025 for illegal excavation of murum and he submits that authority constituted has not passed any order for a long period of time. 3. The learned AGP informed that on 06.10.2025 order is passed. 4. The learned counsel for the petitioner submits that the JCB was used for excavation of well and the murum gathered on excavation of was utilized for levelling of the field and also on the embankment. He submits that the murum utilized for embankment is exempted minor mineral and he is not liable for payment of royalty. The order is per se illegal. 2025:BHC-AUG:29093 2 PB6 5. However, considering that the order is passed by the authorities, liberty is granted to the petitioner to file an appeal to raise all his grievance before the appellate authority. It also appears from the record that the petitioner did not have sufficient opportunity to lead his defence before the Deputy Collector because the notice is received to him on 11.10.2025 i.e. after the order is passed. 6. Considering the same, liberty is granted to raise all his defence before the appellate authority. The JCB machine is lying in the custody for a long period of time, I am informed that the FIR is registered and the Magistrate has already directed to release the vehicle in the crime. As far as revenue proceedings are concerned, in view of provision of Section 256 (2) of the Code, the application can be made to the authorities for releasing the vehicle if such an application is made the appellate authority to decide the same within a period of one (01) week and the vehicle be released on such terms as is available under Section 256 (2) of the Code. 7. With the above observations, the Writ Petition stands disposed of accordingly. [ARUN R. PEDNEKER, J.] marathe