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2026 DAILYLAW 7869 (BOM)

SACHIN RAOSAHEB MASKE v. THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

WP/8810/2026 · 2026-09-02

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Judgment text

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1 1100-WP.8810-26 (1101 to 1103, 1106).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1100 WRIT PETITION NO. 8810 OF 2026 SACHIN RAOSAHEB MASKE VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS AND 1101 WRIT PETITION NO. 8958 OF 2026 ASARAM GANGADHAR GIRI VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS AND 1102 WRIT PETITION NO. 8959 OF 2026 AFRIDI AMJAD PATHAN VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 1103 WRIT PETITION NO. 8962 OF 2026 ISHWAR VISHWANATH SUKHDEO VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS AND 1106 WRIT PETITION NO. 9890 OF 2026 KRUSHNA GANESH BEDRE AND OTHERS VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS 2 1100-WP.8810-26 (1101 to 1103, 1106).odt ... Advocate for the Petitioners in all : Mr. Shashikant E. Shekade. AGPs for Respondent/s-State : Ms. P. V. Diggikar, Ms. Vaishali S. Chaudhary, Ms. D. S. Jape, Ms. Kalpalata Patil Bharaswadkar, respectively. ... CORAM : MANJUSHA A. DESHPANDE, J. DATE : 02.09.2026 PER COURT :- 1. The petitioners are challenging the order passed by the Sub Divisional Officer, Beed, under Section 48(7) and 48(8) of the Maharashtra Land Revenue Code. The vehicles of the petitioners which were loaded with the sand have been seized and the spot panchnama being conducted. The order has been passed on 10.07.2026. 2. In Writ Petition No.9890 of 2026, the petitioners are challenging the impugned order dated 04.08.2026 passed by the SDO, Majalgaon. Petitioners were found illegally exacavating the sand and loading it into their vehicle at the Godavari river side. Accordingly, raid was conducted and vehicle was sezied. 3. In all there are five writ petitions wherein identical orders passed, by the SDO by imposing penalty, as per Section 48(7), (8) and (9) of the Maharashtra Land Revenue Code. 3 1100-WP.8810-26 (1101 to 1103, 1106).odt The petitioners have raised various grounds. More particularly, the ground has been raised by the petitioners that, in all, four vehicles were seized and seizure of the vehicles are one and the same and they are found at the same place in identical matters. 4. Learned AGP has opposed all the writ petitions. She would submit that the petitioners have an efficacious alternate remedy to file appeal before the Additional Collector. The similar order has been passed by this Court in Writ Petition No.8942 of 2026 which is placed on record by the learned AGP and submits that these writ petitions also can be dismissed with the aforementioned directions. 5. In view of the alternate remedy available to the petitioners, the petitioners are at liberty to file the appeal before the Appellate Authority within a period of two (2) weeks from the date of this order with an application seeking permission to deposit 25% of the fine amount and they be permitted to deposit the same. Upon depositing the said amount, the vehicles be released subject to final outcome of the application. The Appellate Authority may impose appropriate condition for release of vehicles. 4 1100-WP.8810-26 (1101 to 1103, 1106).odt 6. In the aforementioned directions, all the writ petitions disposed of in view of the alternate remedy available to the petitioners. (MANJUSHA A. DESHPANDE, J.) ... vmk/-