Bombay High Court
Suresh S/O Vaijanath Mitkari vs State Of Mah. Thr. Its Secty. And ... on 30 June, 2017
Bench: V.A. Naik
1 J-WP-265-13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 265 OF 2013
Prakash s/o Ganeshlal Dole (Shastri),
Aged about : 53 years,
Occupation : Business,
Resident of Shrikrishna Vihar,
Saturna-Badnera Road,
Amravati, Dist. Amravati. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amendment as per Court's
order dated 26/02/2013) ... RESPONDENTS
WITH
WRIT PETITION NO. 3401 OF 2012
Suresh s/o Vaijanath Mitkari,
Aged about : 61 years,
Occ. : Business,
::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:07 :::
2 J-WP-265-13.odt
Resident of Sawanpura,
Mitkari Wada, Amravati. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
3. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amendment as per Court's
order dated 26/02/2013) ... RESPONDENTS
WITH
WRIT PETITION NO. 4426 OF 2012
Kanhaiyalal Nandlal Joshi,
Aged : Major, Occ. : Business,
R/o Ambika Nagar, Akot,
Dist. Akola. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:07 :::
3 J-WP-265-13.odt
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amended as per Court's
order dated 26/02/2013) ... RESPONDENTS
WITH
WRIT PETITION NO. 4427 OF 2012
Shalikram Ramnarayan Vishwakarma,
Aged : 60 years, Occ. : Business,
R/o Ambapeth, Amravati. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:07 :::
4 J-WP-265-13.odt
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amended as per Court's
order dated 26/02/2013) ... RESPONDENTS
WITH
WRIT PETITION NO. 4428 OF 2012
Prafulla s/o Prabhakar Likhitkar,
Aged about : 41 years, Occ. : Business,
Resident of 'Jai Baba', Ambapeth,
Amravati, District Amravati. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amended as per Court's
order dated 26/02/2013) ... RESPONDENTS
::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:07 :::
5 J-WP-265-13.odt
WITH
WRIT PETITION NO. 6137 OF 2012
Sunil s/o Baldevrao Kharate
Aged : Major, Occupation : Business,
through Power of Attorney Holder
Shri Yogesh Prabhakar Bhagat,
Aged about : 28 years,
Occupation : Business,
R/o Namuna Line No.5,
Amravati. ..... PETITIONER
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai - 32.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh.
(Amended as per Court's
order dated 26/02/2013) ... RESPONDENTS
WITH
WRIT PETITION NO. 6843 OF 2013
Baban Mahadeorao Godhankar,
Aged about : 69 years, Occ. : Business,
Resident of Namuna Galli No.6,
Amravati, District Amravati. ..... PETITIONER
::: Uploaded on - 01/07/2017 ::: Downloaded on - 02/07/2017 01:33:07 :::
6 J-WP-265-13.odt
...V E R S U S...
1. State of Maharashtra,
through its Secretary,
Ministry of Transport,
Mantralaya, Mumbai - 400032.
2. The Secretary,
State Transport Authority of
Maharashtra / Transport
Commissioner having its office at
Administrative Building,
3rd and 4th Floor,
Government Colony,
Bandra (East), Mumbai.
3. State Transport Appellate Tribunal,
Maharashtra State, Mumbai.
4. State Transport Authority of
Madhya Pradesh,
through its Secretary,
Moti Mahal, Gwalior,
Madhya Pradesh. ... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri N. C. Phadnis, Advocate for the petitioner in all the writ petitions.
Shri K. L. Dharmadhikari, AGP for the respondent-State in all the writ petitions.
-------------------------------------------------------------------------------------------
CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :-
30/06/2017.
ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.)
Since the issue involved in these writ petitions is identical and similar
orders of the Transport Commissioner and the State Transport Appellate Authority
are challenged therein, they are heard together and are decided by this common
judgment.
7 J-WP-265-13.odt
2. Shri Phadnis, the learned counsel for the petitioners, states that
similar order passed by the Transport Commissioner, as are passed in these cases
and the common order of the State Transport Authority, was challenged by M/s
Chawla Transport Company in Writ Petition No.663 of 2013 and this Court has, by
an order dated 13.08.2013, allowed the said writ petition and after setting aside the
orders passed by the Transport Commissioner and the State Transport Appellate
Authority, remanded the matter to the Transport Commissioner for passing a fresh
order in accordance with law. It is stated that M/s Chawla Transport Company, the
petitioner in Writ Petition No.663 of 2013 and the present petitioners were the
appellants before the State Transport Appellate Authority and the State Transport
Appellate Authority has passed a common order in the cases of the petitioners and
M/s Chawla Transport Company. It is stated that in view of the aforesaid, it would
be necessary to allow these petitions on parity and remand the same to the
Transport Commissioner for a fresh decision on merits.
3. We had called for Writ Petition No.663 of 2013 and perused the same.
On a perusal of the same, we find that the issue involved in these cases and in Writ
Petition No.663 of 2013 decided on 13.08.2013 is not only similar but, the common
order that governs the appeal of the petitioner in Writ Petition No.663 of 2013 also
governs the appeals of the petitioners herein. It would be necessary, as submitted
on behalf of the petitioners, to pass a similar order, on parity.
8 J-WP-265-13.odt
4. Hence, for the reasons stated hereinabove and also for the reasons
recorded in the order, dated 13.08.2013 in Writ Petition No.663 of 2013, the writ
petitions are partly allowed. The impugned orders of the Transport Commissioner
and the State Transport Appellate Authority are hereby quashed and set aside. The
matters are remanded to the Transport Commissioner for deciding the same in
accordance with law after considering the observations made by this Court in the
order, dated 13.08.2013 in Writ Petition No.663 of 2013. The interim orders
passed by this Court in favour of the petitioners would continue till the Transport
Commissioner decides the matter.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Choulwar
