Rahul S/O. Gajanan Dagwal v. State Of Maharashtra, Thr. Secretary, Transport Dept., Mumbai And Others

Order 1103wp1054-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 1054 OF 2022.

Rahul Gajanan Dagwal.

.....

Petitioner.

VERSUS

State of Maharashtra and others.

.....

Respondents.

Mr.T.H. Bewali, Advocate for the Petitioner.

Mr.A.S. Fulzele, Addl.G.P. for Respondents.

CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 11 MARCH 2022.

P.C.

The Petitioner is aggrieved by an endorsement placed by Respondent - Transport Authorities in respect of slot booking letter for vahan citizen service as "Black Listed" and in the data base. 2.

The learned Counsel for the petitioner submits that the only provision under which such endorsement could have been placed is Section 24 of the Motor Vehicles Act, 1988, but, none of the ingredients of the said Section are made out in the case of the

Order 1103wp1054-22 Petitioner. The learned Counsel further submits that inspite of bringing this to the notice of the authorities i.e. Respondent Nos. 2 and 3, they have not communicated any reason to the Petitioner, nor the endorsement is removed.

3.

We note that the Petitioner through his Advocate had given a detailed communication to the Respondent Nos. 2 and 3. In this communication the Petitioner has raised issues as regards the impugned endorsement. Since the endorsement per se does not give any reason as to why the Petitioner has shown to have been black listed, at least upon the representation of the Petitioner, the reasons should have been communicated.

4.

Therefore, we direct the Respondent Nos. 2 and 3 to go through the representation made by the Petitioner and if the cause is found justified proceed to take necessary action. If the Respondent Nos. 2 and 3 are not satisfied with the explanation of the Petitioner, then the Petitioner be supplied with the reason for such endorsement, so that the Petitioner can take recourse to the legal remedies available to him. Respondent Nos. 2 and 3 to take necessary action as above within a period of two weeks from today, subject to other urgent commitments.

5.

The Writ Petition is disposed of as above.

(ANIL L. PANSARE, J) (NITIN JAMDAR, J) Rgd Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur