1 944wp13387.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 944 WRIT PETITION NO. 13387 OF 2026 MANOJ GULABSINGH RAJPUT AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR NANDURBAR AND OTHERS ... Advocate for the Petitioners : Mr. More Abhijit S. AGP for Respondents/State : Dr. Kalpana Patil Bharaswadkar … CORAM : MANJUSHA DESHPANDE, J. DATE : 30.09.2026 PER COURT : 1. The petitioner has raised the challenge to the notice dated 31.07.2026 issued by the Sub Divisional Officer, Nandurbar, calling upon him to file reply to the said notice, within 48 hours, as to why the penalty of Rs. 7,50,000/- should not be imposed and the machine i.e. J.C.B. bearing No. MH-39-AJ-0540, should not be seized and the aforesaid penalty should not be imposed upon him. This notice has been challenged by the petitioner in the present Writ Petition. 2. When the matter is called upon, the learned Advocate for the petitioner submits that during the pendency of the present Writ Petition the order of penalty has been passed by the Sub Divisional Officer on 09.09.2026. Therefore, now he would restrict his prayer only to the extent that when he approaches to the Appellate Authority, the directions may be issued to the Appellate Authority to release the JCB machine 2 944wp13387.26.odt seized by them upon depositing 25% of the penalty amount imposed by the Sub Divisional Officer. 3. In view of the limited prayer made by the learned Advocate for the petitioner, the present Writ Petition is disposed of with liberty in favour of the petitioner to approach the Appellate Authority to raise challenge to the impugned order dated 09.09.2026. 4. In case the petitioner approaches to the Appellate Court, the petitioner shall deposit 25% of the amount of penalty as directed in the impugned order passed by the Sub Divisional Officer. Upon such deposit being made the aforesaid machine /JCB vehicle of the petitioner shall be released on furnishing undertaking or by imposing other suitable conditions by the Appellate Authority. 5. With these directions, the Writ Petition is disposed of. ( MANJUSHA DESHPANDE, J. ) Mahajansb/