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Bombay High CourtWP/773/2017

Sagar Travels And 5 ORS v. State Of Maharashtra And 8 ORS

2017-03-09Hon'Ble Shri Justice V.M. Kanade,Hon'Ble Shri Justice P.R. Bora2 pages

WPL. 533-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 533 OF 2017 Sagar Travels & Ors.

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Petitioners Vs.

State of Maharashtra & Ors.

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Respondents *** Mr. G. S. Hegde, for the Petitioners.

Mr. G. W. Mattos, AGP for Respondent Nos. 1 to 3. Mr. Prakash Gosavi, Assist. Commissioner of Police - Present. *** CORAM : V. M. KANADE, & P. R. BORA, JJ.

DATE : MARCH 9, 2017 PC.

1.

The grievance of the Petitioner is that by virtue of notification dated 19th December, 2016 all buses transporting passengers will not be allowed to enter in the city of Mumbai during certain hours in the morning and certain hours in the evening. 2.

Mr. G. W. Mattos, learned AGP appearing on behalf of the Respondent-State, on instruction of Mr. Prakash Gosavi, Assistant Commissioner of Police has, however, submitted that a fresh 1 / 2

WPL. 533-17 notification dated 25th January, 2017 has been issued by the Dy. Commissioner of Police and certain exceptions have been carved out from the original notification / circular. It is submitted that the buses transporting passengers have been excluded from the restriction, which have been issued by the earlier circular. 3.

He has tendered a copy of the said notification / order dated 25th January, 2017 and also a press note of the same day, which does, in fact, exclude the buses transporting passengers from the restrictions which are imposed. In view this statement and the subsequent notification, petition does not survive. We direct the Respondents to comply with the new notification, which was issued and and not to restrict buses which are carrying passengers. Writ petition is accordingly disposed of in the aforesaid terms. [P. R. BORA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2