Om Umresh Gupta v. The Transport Commissioner, Mumbai And Others
1 wp 8099.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.8099/2025 Om Gupta V the Transport Commissioner, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. T.D. Mandlekar, Advocate for petitioner.
Mr. Bissa, AGP for respondent nos.1 to 3.
CORAM : PRAFULLA S. KHUBALKAR , J.
DATE : 17-12-2025.
Heard Mr. Mandlekar, learned Counsel for the petitioner. 2.
Petitioner has challenged the show cause notice dated 26-11-2025 issued by respondent no.2 by which the petitioner is called upon to give explanation as to why the registration of the vehicle bearing registration No.MH-40-CT-4664 be not suspended. 3.
Learned Counsel for the petitioner submits that the show cause notice is issued by the authority within jurisdiction. In support of his submissions he relies on provisions of Section 53 of the Motor Vehicles Act, 1988. He also submits that the show cause notice is in fact an order and therefore the petition is maintainable 4.
On perusal of show cause notice dated 26-11-2025, it is clear that the authority has only called upon the petitioner to give his explanation within seven days as to why the registration of the vehicle be not suspended. It is thus clear that the authority has not recorded any inference and this show cause notice cannot be treated as an order and the petitioner is entitled to submit his explanation/reply in response to the show cause and thereafter the authorities are entitled to pass appropriate orders.
2 wp 8099.25.odt 5.
In view of this, no indulgence is warranted under Article 227 of the Constitution of India. Writ petition is not required to be entertained. The same is dismissed with no order as to costs. 6.
The issues on merits are kept open.
(Prafulla S. Khubalkar , J.
) Deshmukh