Shaikh Rafik Shaikhlal Alias Patel v. The State Of Maharashtra Through Principal Secretary And Another

97wp13259-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 97 WRIT PETITION NO.13259 OF 2023 SHAIKH RAFIK SHAIKHLAL ALIAS PATEL

VERSUS

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

Advocate for Petitioner : Mr. B. S. Deshmukh AGP for Respondents State: Mr. P. S. Patil

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 25th October, 2023 ORDER:

1.

The Petitioner has put-forth Prayer Clause (B) as under: (B) The Hon'

ble High Court may be pleased to issue a writ of Mandamus or any other appropriate writ, direction or order, thereby direct the respondent No.2 to re-calibrate of vehicle No.MH-20-EL 8511 as requested by petitioner and further be directed that, if the weight found up to permissible limit, then the respondent no.2 shall release the vehicle immediately by recalling the impugned show cause notice issued by respondent no.2 dated 03.10.2023 and consequential order, if any passed in furtherance.."

2.

Considering the orders passed by this Court in several identical matters, this Petition is disposed off. 3.

The Tahsildar would carry out the re-calibration of vehicle No. No.MH-20-EL 8511 on or before 3rd November, up to 5.00 p.m.

97wp13259-2023 Needless to state, if the weight of the vehicle is within permissible limits, the same will be released by following the due procedure laid down in law.

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