WP.

4963-13

VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION No. 4963 OF 2013

Mohd. Mohinuddin ... Petitioner

Vs.
The State of Maharashtra & Ors. ... Respondents

***
Ms. A. P. Madhuri for the Petitioner.
Mrs. M. P. Thakur, AGP for Respondent Nos. 1 to 3.
***

CORAM : V. M. KANADE &

S. C. GUPTE, JJ.

DATE : SEPTEMBER 5, 2013.

P.C.
1. Heard the learned counsel appearing for the Petitioner
and the learned AGP appearing for Respondent Nos. 1 to 3. The
grievance of the Petitioner is that his goods truck was seized when
entered in the city of Mumbai and it is now detained in RTO
compound. The said vehicle was seized since it is more than 8 years
old. In view of the directions given by the PIL Bench in PIL No. 1762
of 1999, the trucks, which are more than 8 years old, are directed to
be seized and confiscated which enter in the city of Mumbai.

2. Learned counsel appearing for the Petitioner submitted

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 WP. 4963-13

that the vehicle is 8 years and 15 days old, and inadvertently the
driver of the Petitioner entered the city of Mumbai along with vehicle
on business trip and the truck was seized at Vashi. It is submitted that
the said vehicle may be released. It is also submitted that Petitioner is
ready to pay costs, if imposed by this Court.

3. The learned counsel appearing on behalf of the Petitioner

has invited our attention to the various orders passed by the PIL Court
from time to time, which has directed release of the vehicles upon
payment of costs. We have gone through the various orders that are
passed from time to time by this Court in various petitions which
have been filed by the truck owners. In our view, it would be
appropriate if a direction is given to Respondent No. 3 – the RTO to
release the said truck upon Petitioner paying costs to the tune of
Rs.10,000/-. Said cost is imposed, since Petitioner's vehicle is seized
in May 2013 and it appears that the Petitioner has suffered huge loss
on account of seizure of the said vehicle. The Petitioner shall give an
undertaking to this Court that he shall not bring the said vehicle in the
city of Bombay. Writ petition is accordingly disposed of in the
aforesaid terms.

Sd/- Sd/-
[S. C. GUPTE, J.] [V. M. KANADE, J.]
Vinayak Halemath

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