Karnail Singh S/O Harbans Singh v. State Of Maharashtra, Through Secretary, Transport Department, Mumbai And Another

0308wp540.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.540 OF 2015 (Karnail Singh s/o Harbans Singh 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 T.H. Bewali, Advocate for petitioner.

Shri S.S. Doifode, Additional Public Prosecutor for respondents.

-------- CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : AUGUST 3, 2015 Heard learned Counsel for the rival parties at length and perused the relevant provisions of the Motor Vehicles Act, 1988 and Rules.

The prayer clause (1) of the criminal writ petition reads thus :

"1. direct the respondent no.2 the Deputy Regional Transport Officer, Yeotmal to release the vehicle truck registration No. MH 29 T 2999 of the petitioner with goods."

In view of the judgments of the Supreme Court in State of Maharashtra and others vs.

0308wp540.15 2/2 Nanded-Parbhani Z.L.B.M.V. Operator Sangh {(2000) 2 SCC 69} and Paramjit Bhasin and others vs. Union of India and others {(2005) 12 SCC 642}, we make the following order :

Order Criminal Writ Petition No.540/2015 is partly allowed. Prayer Clause (2) of the criminal writ petition for compensation is rejected. Truck bearing Registration No. MH 29 T 2999 shall be released within one week.

Shri Doifode, learned Additional Public Prosecutor for respondents to place the report about proposed amendment to the Motor Vehicles Act, 1988 and Rules within one week.

JUDGE JUDGE khj