Pareshbhai S/O Rameshbhai Savalia And Another v. State Of Mah. Thr. Assistant Police Inspector, Traffic Department, Washim And Anothr
0812wp547.20 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.547 OF 2020 (Pareshbhai s/o Rameshbhai Savalia and another vs. The State of Maharashtra and another) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'
s orders Court'
s or Judge'
s orders or directions and Registrar'
s orders.
Shri Raju Kadu, Advocate h/f Shri D.G. Dhoble, Advocate for petitioners.
Shri N.R. Patil, Additional Public Prosecutor for respondents.
-------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.
DATED : DECEMBER 8, 2020 Heard Shri Kadu, learned Counsel for the petitioners, and Shri Patil, learned Additional Public Prosecutor for the respondents.
2) It is seen from the reply filed on behalf of the Regional Transport Officer and also from the provisions of Section 207(2) of the Motor Vehicles Act, 1988 that there is an alternate remedy available to the petitioners for redressal of their grievance about seizure of the vehicles having been made under Section 207(1) of the said Act. In fact, applications are made by the petitioners before the concerned Authority for release of vehicles in terms of Section 207(2) of the said Act. These applications are still pending. It is informed by Shri Patil,
0812wp547.20 2/2 learned Additional Public Prosecutor for the respondents, on instructions, that the petitioners have also paid taxes in respect of vehicles except one and that the matter is under consideration of the Regional Transport Officer for grant of fitness certificates.
3) In the circumstances, we direct the petitioners to appear before respondent no.2 on 10/12/2020. We further direct respondent no.2 to give opportunity of hearing to the petitioners and also leave to file necessary documents before him. We also direct that respondent no.2 shall decide the applications of the petitioners in accordance with law within a period of two weeks from the date of appearance of petitioners before him. With these directions, the petition is disposed of.
JUDGE JUDGE khj