Hari Sampat Chaudhari v. The State Of Maharashtra Home Dept (Transpor) And ORS )

7-3635-24.doc BDP-SPSIN THE HIGH COURT OF JUDICATURE AT BOMBAY BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3635 OF 2024 BHARAT DASHARATH PANDIT Date: 2024.05.06 19:39:40 +0530 Hari Sampat Chaudhari ) Age 45 years, Occ: Business ) R/A B/12 Prince Plaza CHS Ltd.

) Vishal Ind Estate Cabin Road, ) Bhayandar East, Thane 401105 ) ... Petitioner V/s 1] The State of Maharashtra ) Home Department (Transport) ) Mantralaya Mumbai ) AND 2] Through the Commissioner of ) Transport, Maharashtra State ) New Administrative Building 4th Floor, ) Opp. Ambedkar Udyan, Bandra (East), ) Mumbai.

) AND 3] The Regional Transport Office (W) ) Borivali No.53, Wing A CTS, 4, ) New Link Rd, Dahisar West, Mumbai, ) Maharashtra 400068 ) ....Respondents.

---- Mr. A.P. Madhuri, Advocate for the Petitioner. Ms. T.N. Bhatia, AGP for the Respondents-State. CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 3rd May, 2024 ORAL JUDGMENT: (Per A.S. Chandurkar, J.) 1] Rule. The learned Assistant Government Pleader waives notice for the Respondents.

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7-3635-24.doc 2] The Petitioner seeks release of the Tanker bearing registration No. MH-11-AL-5808 which has been subjected to necessary action by issuing challan on 01/02/2024. Our attention is invited to the judgment dated 25/01/2017 in Writ Petition No.14211 of 2016 (Pooja Logistics vs. The State of Maharashtra and Anr.) and it is prayed that similar directions be issued to enable release of the said Tanker. The learned Assistant Government Pleader submits to the orders of the Court.

3] Accordingly for the reasons recorded in aforesaid decision, following order is passed:- (a) The vehicle, subject matter of this petition shall be released to the Petitioner subject to the condition of (i) the Petitioner filing an undertaking before this Court to the effect that the vehicle shall not be plied in the City of Mumbai and shall be taken out of the limits of the City of Mumbai, (ii) the Petitioner depositing deposit of a sum of Rs 10,000/- (Rupees Ten Thousand) with the concerned Regional Transport Office and (iii) the Petitioner paying the amount indicated in the challan dated 01/02/2024. 4] Rule is disposed of in aforesaid terms. No costs. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2