23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9125 OF 2015
Imran s/o Nasir Khan ... Petitioner
Age 32 yers, Occu: Meter
Repairing, R/o Kotwalpura,
Bhoiwada, Aurangabad
VERSUS
1. The State of Maharashtra
2. the Inspector of Legal
Meteorology,
Aurangabad Region-1, Central
Building, N-7, CIDCO, Opp.
Garware Factory, Jalgaon Road,
Aurangabad.
3. The Regional Transport ... Respondents
Officer,
Aurangabad, Dist. Aurangabad.
Advocate for Petitioner : Mr. Shaikh Mazhar A. Jahagirdar
AGP for Respondents 1 to 3: Mrs. M. A. Deshpande
CORAM : S. V. GANGAPURWALA &
K. L. WADANE, JJ.
DATE : 18th October, 2016
JUDGMENT:
1. Rule. Rule made returnable forthwith. With consent of parties, the petition is taken up for final disposal
2. The petitioner assails the order dated 09.01.2015 whereby the pulse generator has been seized by the Officers of the Meteorological Departmental. Mr. 1/2 ::: Uploaded on - 20/10/2016 ::: Downloaded on - 21/10/2016 00:52:48 :::
23.odt Jahagirdar, the learned counsel for the petitioner states that the petitioner is carrying on his business of repairing Auto-rickshaw/Taxi meters under a valid licence granted by the Regional Transport Officer. The Authorities of the Meteorological Department do not have any jurisdiction in respect of the said auto-
rickshaw/taxi meters. However, under the pretext that licence under the Legal Meteorology Act has not been obtained by the petitioner, the said instruments have been seized by the respondent authorities.
3. Learned counsel submits that the this Court at its principal seat at Bombay, in Writ Petition No. 7526 of 2016, vide order dated 11 th July, 2016, has observed the stand of the meteorological department that once the work of verification of auto-
rickshaw/taxi meters is undertaken by the transport department, they would stop checking the same.
4. In light of above the action of respondent No.2 cannot be sustained.
5. Rule is made absolute in terms of prayer clause 'B'. No costs.
(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) 2/2 ::: Uploaded on - 20/10/2016 ::: Downloaded on - 21/10/2016 00:52:48 :::