Mr. Arun Haribhau Satav v. The State Of Maharashtra Through The Secretary (Transport) And ORS.

929 wp 5053.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5053 OF 2016 Mr. Arun Haribhau Satav ... Petitioner Vs The State of Maharashtra & Ors.

... Respondents ...

Mr. V. K. Fernandes for the Petitioner.

Mr. P. G. Sawant, AGP for State.

CORAM : B. R. GAVAI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE :

25 MAY, 2016 VACATION COURT P.C. :

The petition arises out of the fact which are identical in Writ Petition No. 3097 of 2015.

We find that the present petition also can be disposed of in terms of the order passed by the Division Bench dated 28th January 2016 in Writ Petition No. 3097 of 2015.

We, therefore, direct :

(i) To release the vehicle of the petitioner on the condition that the petitioner files an undertaking before the competent authority that he shall not ply the vehicle Habeeb 1/2

929 wp 5053.16.odt within the territorial jurisdiction of Mumbai Municipal Corporation. The said undertaking be filed within a period of one week from today and on such undertaking being file, the truck shall be released forthwith. (ii) The petitioner shall pay costs which is quantified of Rs.10,000/-. The said costs will paid in the name of Kirtikar Law Library.

(iii) The petition is disposed of in the aforesaid terms. The costs be deposited within one week from today and the receipt be placed on record within a week from today. (DR. SHALINI PHANSALKAR-JOSHI, J.) (B. R. GAVAI, J.) Habeeb 2/2