Shaikh Razik Saikh Rafik v. The State Of Maharashtra Through Its Secretary And Another

2023:BHC-AUG:25898-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 WRIT PETITION NO.14772 OF 2023 SHAIKH RAZIK SAIKH RAFIK

VERSUS

THE STATE OF MAHARASHTRA THROUGH IT'

S SECRETARY AND ANOTHER Mr.A.D.Sonkawade, Advocate for the Petitioner. Mr.P.K.Lakhotiya, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : DECEMBER 5, 2023 PER COURT :

1.

The petitioner has put forth prayer clause C as under :- "C. Issue a writ of mandamus or writ in the like nature directing the respondents to re-calibrate vehicle No.MH-20-DE-1985 further be directed that if the weight found up to permissible limit, then the respondent authority shall release the vehicle immediately by recalling the show cause notice of penalty issued by the respondent No.2 dated 07.11.2023."

2.

Various Benches of this Court have disposed off such matters by directing the Tahsildar to carry out re-calibration. As such, this Writ Petition is disposed off. The concerned Tahsildar would carry khs/Dec.2023/14772

- 2 - out the re-calibration of the vehicle at issue, on or before 15.12.2023 upto 5 p.m. Needless to state, if the weight of the vehicle is within the permissible limits, the same can be released by following the due procedure laid down in Law.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2023/14772