Sattyam Travels Through Its Proprietor Sattyam Motiram Nawghare v. The State Of Maharashtra And Another

1 902-RA-17-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 17 OF 2021 IN WRIT PETITION NO. 10400 OF 2019 Sattyam Travels, Through its Proprietor Shri. Sattyam Motiram Nawghare ...Applicant

Versus

The State of Maharashtra, Through The Principal Secretary, Home Department, Mantralaya, Mumbai and Anr.

...Respondents

Mr V.S. Undre, Advocate for Applicant Mr A.R. Kale, A.G.P. for Respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 2nd SEPTEMBER, 2021 PER COURT :

1.

We have heard the learned counsel for the applicant and the learned A.G.P. for the non-applicants.

2.

It appears that in view of Rule 29 of the Maharashtra Motor Vehicles Tax Rules, 1959, the appeal would be tenable to the State Government.

3.

In light of that, the order date 28th January, 2020 stands recalled and modified as under :-

2 902-RA-17-2021 The appeal filed by the petitioner before the Secretary (Home Department) shall be decided by him on its own merits. The petitioner may prefer an appeal as provided under Rule 29 of the Maharashtra Motor Vehicles Tax Rules, 1959 before the State Government. In case, the said appeal is filed by the petitioner and pending then the same shall be decided by the Secretary (Home Department), Mantralaya, Mumbai on its own merits, in accordance with law, expeditiously and preferably within a period of four months.

4.

The review application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta