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Bombay High CourtWP/9380/2024disposed off

Pratibha Mohan Chaudhari Through Samir Digambar Devkar v. The State Of Maharashtra Through Principal Secretary And Another

2024-08-30Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:20097-DB 9380.24wp etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 9380 OF 2024 PRATIBHA MOHAN CHAUDHARI, THROUGH SAMIR DIGAMBAR DEVKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND ANOTHER AND 910 WRIT PETITION NO. 9390 OF 2024 NEHA ENTERPRISES LTD., THROUGH SAMIR DIGAMBAR DEVKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND ANOTHER ....

Mr Bhausaheb Sadashivrao Deshmukh, Advocate for Petitioners in both the Petitions Ms Neha Kamble, A.G.P. for Respondents/State in both the Petitions CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 30th August, 2024 PER COURT:

1.

The Petitioners in these Writ Petitions have directly assailed the show cause notice, dated 22/08/2024, issued by the Sub Divisional Officer, Nandurbar. The learned A.G.P. points out that the said Authority has already delivered an order on 24/08/2024.

9380.24wp etc (2) 2.

The learned Advocate for the Petitioners submits that, the Petitioners would prefer a statutory appeal before the Appellate Authority within a period of 15 days and the time spent by the Petitioners in this Court from 28/08/2024, till the passing of the order today, be taken into account for condonation of delay, if any.

3.

In view of the above, we grant liberty to the Petitioners to withdraw these Writ Petitions. As such, these Writ Petitions are disposed off, as withdrawn. If the statutory appeal is preferred by these Petitioners, and if an Application for recalibration of the vehicle is filed, the concerned authority can direct recalibration within 10 days from the date of receipt of such Application. If the weight of the vehicle is found to be within the permissible limit, the same can be released by following the due procedure laid down in law and by imposing such conditions as are normally done.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk