Bombay High Court
M/S. Satish Cargo Movers vs The State Of Maharashtra And Ors on 22 June, 2017
Bench: Naresh H. Patil
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6481 OF 2017
M/s. Satish Cargo Movers .. Petitioner
Versus
1. The State of Maharashtra and ors. .. Respondent
Ms. A. P. Madhuri for petitioner.
Mr. Vikas Mali, AGP for respondents-State.
CORAM: NARESH H. PATIL &
SMT. BHARATI H. DANGRE, JJ.
JUNE 22, 2017.
ORAL JUDGMENT (PER NARESH H. PATIL,J.)
1. Rule. Rule is made returnable forthwith. By consent of
parties, heard finally.
2. The petitioner is a Transporter engaged into transporting goods
/ cargo mover. The Checking Officer of IMVRTO Mumbai (East) issued
Checking Reports dated 8/6/2017 & 10/12/2016. The nature of offences is
described in the said Checking Reports. The Department proposed action
for violations of the mandatory Rules and detained the vehicles under
Section 207 of the Motor Vehicles Act, 1988 and under Section 12 of the
Bombay Motor Vehicle Tax Act and Rules.
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3. Learned counsel appearing for the petitioner referred to the
orders passed by this court in earlier disposed of petitions. According to
the learned counsel, those orders were passed in identical or similar cases.
The reference is made to an order dated 3/3/2004 passed in Notice of
Motion No. 57 of 2004 in Writ Petition No. 1762 of 1999. Learned counsel
further submitted that the petitioner is also concerned with a
communication dated 9/6/2017 made by the Regional Transport Officer,
Mumbai (East) to the Regional Transport Officer, Kohim - Nagaland
informing them to take necessary steps to scrap the vehicles as the
petitioner contravened the directions issued by this Court in Writ Petition
No. 1762 of 1999. Learned counsel submits that admittedly the vehicles
bear registration numbers of Nagaland. Learned counsel, on instructions,
submits that the subject vehicles were going from Pune to Uran carrying
cargo and thereafter they proceeded to B.P.T. On the way to B.P.T., the
vehicles were stopped somewhere at Vashi Naka (Chembur). Learned
counsel, on instructions, further submits that the vehicles be spared of
scrapping and they be released on petitioner submitting suitable
undertaking as directed by this court. Learned counsel submitted that
Department may take necessary steps in accordance with the Checking
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Reports and the petitioner would be at liberty to satisfy the Department and
contest any action taken by the Department in accordance with the
Checking Reports.
4. Learned AGP submits that the Transport Department is facing
difficulty, day in and day out, in checking vehicles plying in the City of
Mumbai. The Department is short of necessary staff to man heavy rush of
vehicles and to detect violations of law. Learned AGP further submits that
heavy amount be deposited by the petitioner.
5. During the course of hearing, we inquired from the learned
AGP, who is instructed by the officer of the concerned department, as to
whether the Department calls for list of registered vehicles from the leading
Transporters to verify necessary details, including the information as to
whether the vehicle was being used for more than eight years in the City of
Mumbai. Learned AGP assures us that the Department would look into
this aspect and the issue would be taken up with the higher authority. We
expect the Transport Commissioner, Maharashtra State to look into the
effective implementation of the order passed by this court in Writ Petition
No.1762 of 1999 and the issues discussed as above. We have also noticed
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that the Transport Department requires up-gradation in scientific and
technological areas for effective implementation of law and the orders
passed by this court. In case the sufficient man power is lacking, the issue
shall be dealt with at the State level. We expect the Transport
Commissioner to take this issue also with the State authorities.
6. In view of the earlier orders passed by this court, in the facts
of the present case and the submissions advanced by the learned counsel
appearing for the parties, we pass following order :
ORDER
(a) Five vehicles bearing registration numbers as described
in prayer clause (a) of the petition, detained by the
Regional Transport Office, Mumbai (East), shall be
released in favour of the petitioner on petitioner
submitting appropriate undertaking in tune of the order
passed by this court in Writ Petition No. 1762 of 1999.
(b) The petitioner shall deposit an amount of Rs.25000/-
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(Rupees Twenty Five Thousand only) per vehicle with
the concerned Regional Transport Office.
(c) On submission of undertaking and deposit of the
amount, as stated above, the vehicles shall be released
in favour of the petitioner.
(d) The appropriate authority shall complete the necessary
procedure in accordance with the Checking Reports.
The petitioner is at liberty to participate in the
proceeding and thereafter the Transport authority shall
take final decision in respect of issues raised in the
Checking Reports. This exercise shall be completed at
the earliest.
Rule is made absolute in the above terms.
7. List the matter on 17th July, 2017 at 3.00 p.m. for compliance.
(SMT. BHARATI H. DANGRE,J.) (NARESH H. PATIL,J.)
