Bombay High Court Goa hears petition requesting change of fine amount deposit
Bombay High Court Goa hears petition requesting change of fine amount deposit
Title: Telotin Domingo Cabo v. State of Goa
Decided on: August 21, 2023
Citation: 2023 SCC OnLine Bom 1718
CORAM: HON’BLE JUSTICE M.S. SONAK AND JUSTICE BHARAT P. DESHPANDE
Facts of the Case
The appellant requests that the order for a deposit of Rs. 5,00,000/- (Rupees Five Lakhs only) may be varied or at least reduced. It is pointed out that petitioner is a poor truck driver and the other petitioners are farmers. It is also pointed out that the Director’s order requiring petitioner to pay an amount of Rs. 1,97,12,500/- (Rupees One Crore Ninety Seven Lakhs Twelve Thousand and Five Hundred only) was a counterblast to the petitioner instituting the present petition in public interest.
Court Analysis and Judgement:
The Court held that since a revision is already instituted against the Director’s order, they will hear the petitioner further on our direction of deposit of an amount of Rs. 1,97,12,500/- (Rupees One Crore Ninety Seven Lakhs Twelve Thousand and Five Hundred only). However, there is no case made out for varying or even reducing an amount of Rs. 5,00,000/- (Rupees Five Lakhs only), which the petitioners have been directed to deposit towards security for costs. The above order was made because the petitioners instituted this petition in a purported petition. However, from the responses filed, including the response from the State Authorities, it prima facie appeared that petitioner was himself involved in illegal quarrying, as a result of which orders have been made requiring him to pay to the State Government the above amount of Rs. 1,97,12,500/- (Rupees One Crore Ninety Seven Lakhs Twelve Thousand and Five Hundred only).The alternate prayer in this application is that an extension of time was granted for depositing an amount of Rs. 5,00,000/- (Rupees Five Lakhs only) towards security for costs. On the alternate prayer, an extension of two weeks from today was granted to deposit an amount of Rs. 5,00,000/- (Rupees Five Lakhs only).
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Written by- Reema Nayak