Imran Nasir Khan vs The State Of Maharashtra And ...
2016 Latest Caselaw 6154 Bom

                                                                                      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.

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. )