M/S Scholar'S Search Academy (English Medium) Dhopatala, Tah.Korpana, Distchandrapur Thr. It v. State Of Mah., Thr. Its Dy. Regional Transport Officer, Chandrapur Tah. And Dist Chandrapur

judg CrWP 90.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION (WP) NO. 90/2020 1.

M/s. Scholar's Search Academy (English Medium) Dhopatala, Tah. Korpana, Dist. Chandrapur through its President Shri Dilip s/o Sambashio Zade Aged 48 years, Occu.- Business R/o Civil Lines, Near Zilla Stadium Chandrapur, Tah. & Distt. Chandrapur ..... PETITIONER // VERSUS //

1. State of Maharashtra through its Dy. Regional Transport Officer, Chandrapur, Tah. & Dist. Chandrapur.

2. The Police Station Officer, Police Station, Korpana, Tah. Korpana, Dist. Chandrapur.

.... RESPONDENT(S) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Dhawas, Advocate for the petitioner Shri N.R. Patil, APP for the State - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 21/12/2020 ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.) 1] Heard. Rule. Rule made returnable forthwith. 2] Heard finally by consent.

3] Now, it is seen from the notice dated 16.09.2019, the

judg CrWP 90.2020.odt concerned R.T.O. has issued a demand notice to the petitioner calling upon him to pay the applicable taxes and other necessary charges. However, amount of taxes and other charges is not stated in it' s communication dated 16.09.2019.

4] The learned Counsel for the petitioner submits that the petitioner is willing to pay whatever amount towards taxes and applicable charges, which according to rules would be levied on the school bus. He also submits that this is an alternate prayer made in this petition.

5] In view of the above, we find that the school bus which has been seized on 08.07.2019 needs to be released in accordance with law after accepting from the petitioner the applicable taxes and charges. 6] The petition is allowed. Respondent no. 1 is directed to issue challan/taxes as applicable to the school bus in respect of school bus bearing no. MH34 A-8270 within a period of one week from the date of the order and he is further directed to release the school bus immediately upon payment of applicable taxes and other necessary charges.

7] Rule is made absolute in the above terms. No costs. JUDGE JUDGE SMGate