Essakkimuthu Agadisura Konar v. The State Of Maharashtra Thr. Secretary Transport Dept. And ORS

SRS 19-WP-6290-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6290 OF 2022 Essakkimuthu Agadisura Konar .. Petitioner V/s The State of Maharashtra & Ors.

.. Respondents ******* Mr.Rakesh Bhatkar for Petitioner.

Mr.A.I.Patel - Addl. GP a/w Mr.P.P.Pujari - APP for State. ******* CORAM: PRAKASH D. NAIK & ABHAY AHUJA, JJ.

DATE : 27th MAY 2022 (Vacation Court) P.C. :- 1.

The Petitioner's vehicle (Ambulance) has been detained by Respondent No.2 - Commissioner of Transport, State of Maharashtra on the ground that vehicle had entered into the Mumbai City wherein there was an apprehension for such vehicles which was more than eight years old. 2.

It is submitted that in similar circumstances, this Court had passed orders in various Petitions permitting the release of such vehicle on payment of required penalty and on filing 1/2

SRS 19-WP-6290-2022.doc undertaking before this Court that the vehicle will not be brought to the limits of this Mumbai City. That such orders are annexed to this Petition. The Petitioner would file similar undertaking before this Court.

3.

Considering the aforesaid circumstances, we pass the following order:

ORDER

(i) The undertaking of the Petitioner is accepted.

(ii) In view of undertaking and in view of willingness shown by the Petitioner to pay an amount of Rs.10,000/- (Ten Thousand Rupees) in accordance with Exhibit-C annexed to this Petition, the Petition is allowed in terms of Prayer Clause (a).

(iii) It is made clear that the vehicle shall be released only after the amount of Rs.10,000/- (Ten Thousand Rupees) is credited to the account of Regional Transport Officer, Regional Transport Office, Mumbai.

(iv) All the parties to act on any authenticated copies of this order.

(ABHAY AHUJA, J.) (PRAKASH D. NAIK, J.) 2/2