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Bombay High CourtWP/17371/2024disposed off

Brain Rohan Dsouza v. The State Of Maharashtra Throu Govt Pleader For State Home Dept (Tranasport)And ORS

2025-01-03Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

by PRASHANT VILAS RANE Date:

2025.01.04 18:29:06 +0530 PRASHANT VILAS RANE 304wp17371-04.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17371OF 2024 Brain Rohan Dsouza ..Petitioner VS The State of Maharashtra & Ors.

..Respondents __________ Mr. Rajas Naik, for the Petitioner.

Mr. Kedar Dighe, Addl. Govt. Pleader with Smt. S. D. Chipade, AGP for the State.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

3 JANUARY 2025 P.C.:

1.

The petitioner challenges the legality of the seizure memo dated 2 November, 2024 issued by respondents whereby the petitioner's vehicle being a Multi Axle Goods VCH (50 tons) bearing registration No. MH 46 AR 4993 is detained by the RTO at Mumbai, on the failure of the petitioner to comply with the directions of this Court in the order dated 3 March 2004 passed in Notice of Motion No.57 of 2004 in Writ Petition No.1762 of 1999 (Exhibit "G").

2.

Learned counsel for the petitioner makes a statement that the petitioner is ready and willing to comply with all the terms and conditions as set out in the said order passed by this Court as also as referred in the order passed in Writ Petition (L) No.10853 of 2024 dated 5 April 2024, P. V. Rane

304wp17371-04.odt so as to deposit an amount of Rs. 10,000/- as also to furnish an undertaking.

4.

On such compliance being made within a period of three days from the order being made available, the respondents are directed to release the petitioner's vehicle forthwith.

5.

The petition stands disposed of in the above terms. No costs. 6.

Parties to act on an authenticated copy of this order [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane