Ramchandra C Singh v. The State Of Maharashtra And ORS

908-ASWP-15319-2022.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15319 OF 2022 Ramchandra C Singh

...Petitioner

Versus

The State of Maharashtra & Ors

...Respondents

Mr RA Naik, i/b Puja N Pilankar, for the Petitioner. Mrs PN Diwan, AGP, for the State.

CORAM

G.S. Patel & Dr Neela Gokhale, JJ.

DATED:

2nd February 2023 PC:- 1.

The Petitioner's traveller vehicle registration No. MH04FZ0135 was detained by the RTO, Mumbai on 23rd November 2022 SHEPHALI SANJAY MORMARE on the basis of a challan dated 22nd November 2022 and a seizure memo dated 23rd November 2022. The ground for seizure is that by SHEPHALI SANJAY MORMARE Date: 2023.02.03 11:02:12 +0530 the vehicle is more than eight years old and contravenes entry and travel restrictions applicable to such vehicles in Mumbai. Similar matters have been before us earlier. In those matters, we have allowed the release of vehicles upon furnishing of an undertaking. That undertaking requires that the vehicle not be plied within the municipal limits of Greater Mumbai. We also require a deposit to be made with the Regional Transport Officer, Mumbai. 2nd February 2023

908-ASWP-15319-2022.DOC 2.

The Petitioner had submitted an affirmed undertaking dated 25th November 2022. It contains the necessary undertaking and statements, including an undertaking to deposit Rs. 25,000/- with the RTO. The undertaking is taken on record. It is to be kept with the papers. The undertaking is accepted as an undertaking to the Court.

3.

In view of this and subject to the undertaking, the 4th Respondent, Regional Transport Office, Thane is to release the vehicle. That release is to be done by Saturday, 4th February 2023. The Petitioner must remove the vehicle from the municipal limits of Greater Mumbai by 5th February 2023.

4.

The Petition is disposed of in these terms.

(Dr Neela Gokhale, J) (G. S. Patel, J) 2nd February 2023