Bird Worldwide Flight Services Mumbai Pvt Ltd v. The State Of Maharashtra Thr High Court And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17082 OF 2025 Bird Worldwide Flight Service Mumbai ) Pvt. Ltd.

) Thru Authorised Signatory ) Vijaykumar Perumal Konar ) Age 46 Years, Occ. Business.

) R/a : 201, Zep Society, Nandivali Road, ) R.G. Patilwadi, Dombivali East, ) Kalyan, Thane, Maharashtra-421 201 ) ... Petitioner V/s.

1.

The State of Maharashtra, ) High Court, Mumbai ) 2.

Commissioner of Transport, Maharashtra) Office at : New Administrative Building ) 4th Floor, Opp. Ambedkar Udyan ) Bandra (East), Mumbai.

) 3.

RTO Andheri (West) ) Office at : D/111, Ambivali Village, ) Versova Road, Near Manish Nagar, ) Andheri (West), Mumbai, ) Maharashtra-400 053.

) ... Respondents ------ Smt. A.P. Madhuri a/w Mr. Gaurang Pendurkar for the Petitioner. Mrs. G.R. Raghuwanshi, A.G.P. for Respodnent No.1-State. ------ CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 17th DECEMBER 2025 1/4

Oral Judgment (Per Revati Mohite Dere, J) 1) Heard learned Counsel for the parties.

2) Rule. Rule is made returnable forthwith and by consent of the parties, taken up for final disposal. Mrs. G.R. Raghuwanshi, learned A.G.P. waives notice on behalf of the Respondent No.1-State. 3) By this Petition, the Petitioner seeks a direction to the Respondent No.2-Commissioner of Transport, Maharashtra, to forthwith release the Petitioner's vehicle bearing Registration No.MH-02-BQ-1316. 4) Perused the Petition.

It appears that the Petitioner is carrying on the business of providing tempo traveller services from Thane. It further appears that the Petitioner possesses a tempo traveller bearing Registration No.MH-02-BQ-1316, registered in the year 2016, for the business of providing travel services. The said vehicle is registered with the RTO Andheri (West), Mumbai. According to the Petitioner, the said vehicle had a valid permit at the time of its detention/confiscation. The 2/4

vehicle was confiscated, as it was more than 8 years at the time of its confiscation. According to the Petitioner, due to oversight, he did not realise that the vehicle had completed 8 years and as such, could not enter the limits of Mumbai. According to the Petitioner, the said vehicle had entered the city of Mumbai, when it was confiscated by the flying squad of RTO, Andheri (West), Mumbai, on 27th November 2025. 5) Learned Counsel for the Petitioner has tendered an Affidavit of the Petitioner-Shri Vijaykumar Perumal Sonar, the Authorised Signatory of the Petitioner, dated 16th December 2025. In the said Affidavit, the Petitioner has undertaken not to ply the aforesaid vehicle in the local limits of City of Mumbai. He has further stated that he shall take the vehicle out of the City of Mumbai. The said undertaking is accepted, as an undertaking to this Court.

6) In view of the aforesaid, i.e. the undertaking, we direct the Respondent No.2 to forthwith release the Petitioner's vehicle bearing Registration No.MH-02-BQ-1316, subject to the condition that the Petitioner deposits Rs.10,000/- with the concerned Regional Transport 3/4

Office, Mumbai. We make it clear that the vehicle shall be released only when the Petitioner produces the receipt of such payment. 7) The Petition is allowed and Rule is made absolute on the aforesaid terms. Petition stands disposed of accordingly. 8) All parties to act on the authenticated copy of this Order. (SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 4/4 RAJESH VASANT CHITTEWAN Date: 2025.12.24 19:25:20 +0530 RAJESH VASANT CHITTEWAN