Pradeep Sharma Krishna Murari Sharma v. The State Of Maharashtra And Others

1 WP - 5306-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5306 OF 2017 Pradeep Sharma .. Petitioner VS.

The State of Maharashtra and others .. Respondents ---- Mr. P.F. Patni, Advocate for the petitioner Mr. A.R. Kale, A.G.P. for the respondent/State ---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 16-06-2017 ORAL ORDER :

1.

The notice of demand within the meaning of the Maharashtra Motor Vehicles (Taxation of Passenger) Act, 1958 (for short "the Act") and the Maharashtra Motor Vehicles (Taxation of Passenger) Rules, 1958 (for short "the Rules") is challenged in this Petition. 2.

A preliminary objection is raised to the maintainability of the Petition on the ground that the petitioner has an alternate equally efficacious remedy of appeal under the Rules and particularly, Rule 12(2) of the Rules. This position is not disputed by the petitioner's Advocate but he would submit that the petitioner was not served with the notice of

2 WP - 5306-2017 demand and therefore could not file appeal within time. 3.

Though we do not allow parties like the petitioner to make such statements and to get over the bar of limitation prescribed by law and that a writ petition need not be entertained so as to enable the parties to get over this bar, in the peculiar facts and circumstances, we direct that if the appeal is filed within three (3) weeks from today, the appellate authority shall decide it on merits and in accordance with law without raising the bar of limitation.

4.

In the event, no steps are taken in time, it is for the appellant's Advocate to satisfy the appellate authority, as that authority posses powers to entertain the appeal after the prescribed period, that he was prevented by sufficient cause from filing the appeal in time. 5.

Writ Petition disposed of.

[MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/