Bhagwan Raghunath Bhambure v. The State Of Maharashtra Thr Parivahan And ANR

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2022.11.18 19:08:29 +0530 PRAJAKTA SAGAR VARTAK 906-wp 13225-22.doc Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13225 OF 2022 Bhagwan Raghunath Bhambure

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---- Mr. Bhushan Deshmukh for the Petitioner.

Mrs. R.A. Salunkhe, AGP for State.

---- CORAM : S.V. GANGAPURWALA & S.G. DIGE, JJ.

DATE : 17 NOVEMBER 2022 P.C:- 1.

The petitioner challenges the communication dated 22 August, 2022 whereby copy of the e-challan is sent to the petitioner for cancellation of registration of the vehicle-ambulance. The petitioner has not converted his vehicle to CNG/LPG and was plying more than 8 years old vehicle within the municipal limits of Greater Mumbai.

2.

The petitioner has placed an undertaking before this Court that the petitioner would not run/ply the ambulance vehicle No.MH43 5075 within the limits of area of Greater Mumbai. The said undertaking is accepted.

3.

There are orders passed by this Court. Upon acceptance of the said undertaking and payment of fine, the petitioner is allowed to run the vehicle beyond the municipal limits of Greater Mumbai.

906-wp 13225-22.doc 4.

In the light of that, we set aside the impugned order on the condition that the petitioner shall deposit the fine of Rs.10,000/- with the office of the RTO and as undertaken, shall not ply the said ambulance as detailed in the prayer clause within the Municipal Limits of City of Greater Mumbai.

5.

Writ petition is disposed of. No costs.

(S.G. DIGE, J.) (S.V. GANGAPURWALA, J.)