Bombay High Court
Raman Roadways Pvt. Ltd vs The State Of Maharashtra Through ... on 26 July, 2022
Bench: S.V. Gangapurwala, Madhav J. Jamdar
78.3450.22-wp.docx
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA
signed by
TRUSHA
TUSHAR
CIVIL APPELLATE JURISDICTION
TUSHAR MOHITE
MOHITE Date:
2022.07.29
16:59:01
+0530 WRIT PETITION NO.3450 OF 2022
Raman Roadways Pvt.Ltd. ..... Petitioner
Vs.
The State of Maharashtra and Ors. ..... Respondents
WITH
WRIT PETITION NO.3452 OF 2022
Shivani Carriers P.Ltd. Thr.
Authorised Officer Hemand Laddha ..... Petitioner
Vs.
State of Maharashtra and Ors. ..... Respondents
Mr. Suhas Deokar for the Petitioner in Writ Petition No.3450 of
2022
Mr.S.S.Panchpor, A.G.P. for the State
CORAM: S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED : JULY 26, 2022
P.C.
1 Heard the learned Counsel for the Petitioner.
2 The Petitioner is an auction purchaser. Demand is made under
section 8 of the Maharashtra Motor Vehicles Tax Act, 1958.
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78.3450.22-wp.docx
3 The issue in the present matter it appears is considered and
decided by the Division Bench of this court under Judgment dated
06.04.2021 in Writ Petition (ST.) No.280 of 2021. In light of that,
we follow the same course.
A) Rule is made absolute in terms of prayer clauses (a)and
(b), which read thus:-
(a) That by Writ of Mandamus and or by appropriate
Writ, Direction and Order of similar nature, Your
Lordships be pleased to direct the Respondents to
transfer the ownership of the 153 vehicles (List annexed
at Exhibit "H") in favour or in name of Petitioner and
further pleased to quash and set aside the impugned tax
demand notices dated 16th June, 2020 & 19th June,
2020 issued by the Respondent No.3.
(b) That by Writ of Mandamus and or by appropriate
Writ, Direction and Order of similar nature, Your
Lordships be pleased to direct the Respondents to allow
Petitioner to approach local RTO office within whose
jurisdiction the vehicles are at a standstill for, physical
verification, fitment of trolley wherever necessary and
issuance of renewal of fitness certificate under Rule
62(1) of Central Motor Vehicles Rule and submit form
No.38(A)in the office of Respondent No.3.
B) The Petitioner shall pay the Respondent Nos.1 to 3 -
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78.3450.22-wp.docx
State, the 50% of statutory dues in respect of the subject
vehicles purchased by the Petitioner from the date of their
purchase. This will be subject to the outcome of the
Application made by the Petitioner for non-use of the subject
vehicles under Section 3 (3) of the MMVT Act which is
pending determination before Respondent Nos.2 and 3.
C) Respondent Nos.1 to 3 - State is directed to inform the
Petitioner in writing the statutory dues in respect of the
subject vehicles purchased by the Petitioner from the date of
their purchase, on or before 25.08.2022
D) If dues are informed in writing on or before 25.08.2022,
in that case Petitioner to make payment of 50% within two
weeks from the date of communication.
E) Respondent Nos.2 and 3 shall complete the hearing of the
Application of the Petitioner under Section 3 (3) of the MMVT
Act and communicate the order to the Petitioner within four
weeks from the date of this order.
F) Liberty granted to the Respondent Nos.1 to 3 - State to
move before Respondent No.4 for their dues by making
appropriate application as required by law.
G) Both the Writ Petitions are accordingly disposed of in the
above terms with no order as to costs.
(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)
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