Vijay S/O Keshavprasad Shukla vs State Of Maharashtra Thr Its ...
2017 Latest Caselaw 7794 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

                        WRIT PETITION NO.6934/2015


        Vijay s/o. Keshavprasad Shukla,
        Aged about 52 years, Occ.Business,
        r/o.Guru Sahab Ward, Multai,
        District Betul, Madhya Pradesh.         ...     PETITIONER 


                      // VERSUS //

        1. State of Maharashtra,
            through its Secretary to Home
            Department (Transport), 
            Mantralaya, Mumbai-400032.
        2. Transport Commissioner of the
            State of Maharashtra, 
            Administrative Building,
            3rd and 4th Floor, Dr.Ambedkar
            Udyan, Government Colony,
            Bandra (East), Mumbai-400051.
        3. Secretary, State Transport
            Authority, Maharashtra State,
            Mumbai.
        4. State of Madhya Pradesh,
            through the Ministry of 
            Transport, Mantralaya, 
            Bhopal.
        5. State Transport Authority of
            Madhya Pradesh, Gwalior,
            through its Secretary.
        6. Tax Officer and Regional
            Transport Office, Nagpur.            ...     RESPONDENTS




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                                 Mr.N.C.Phadnis, Advocate for the Petitioner.
                            Mrs. Tajwar Khan, A.P.P. for Respondent Nos.1, 2, 3 and 6.
                -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                                                 CORAM       :   ANOOP V. MOHTA &
                                                                 M.G.GIRATKAR, JJ.

DATE : 4.10.2017.

ORAL JUDGMENT (Per Anoop V. Mohta, J) :

1. Taken out from the Final hearing Board.

2. Mr.N.C.Phadnis, learned Counsel for the petitioner has pointed out that the controversy in the present matter can be settled in view of the Judgment in Writ Petition No.4098 of 2014, dt.11.3.2016 (Aurangabad Bench) in Royal Carrier and Courier Pvt. Ltd. vs. State and Others and various orders passed by this Bench including the order dt.17.6.2016 passed in Writ Petition No.1344 of 2015, Iqbal Khan s/o. Shafi Khan vs. State and Others and therefore, the present petition being similar in nature be allowed on the same terms. Considering the Judgment so referred and the facts in question, the present petition is, therefore, allowed keeping in mind paragraphs 11 and 12 of the Judgment pronounced on 11.3.2016 in Writ Petition No.4098 of 2014 (Royal Carrier Pvt. Ltd. vs. State of Maharashtra).

3. A direction contained in said paragraph nos. 11 and 12, therefore, is required to be extended in the present matter. The Writ Petition is disposed of accordingly.

Order wp6934.15

4. Rule is made absolute accordingly. No costs.

                         (M.G.GIRATKAR, J)             (ANOOP V. MOHTA, J)


        jaiswal