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Imran Nasir Khan v. the State of Maharashtra and Others

Bombay HC18 Oct 2016WP/9125/2015

Case brief

AI extract

What is this about?

TheHigh Court at Bombay Bench at Aurangabad disposed of a writ petition challenging the seizure of auto-rickshaw meter pulse generators by the Meteorological Department. Relying on a precedent from the principal seat at Bombay, the court held the respondent's action unsustainable and quashed the seizure.

What did the court decide?

Rule made absolute in terms of prayer clause 'B' to quash the seizure of pulse generators.

Imran Nasir Khan Vs the State of… — Constitutional and Fundamental Rights | Bombay HC (2016)

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23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 WRIT PETITION NO. 9125 OF 2015

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Imran s/o Nasir Khan
Age 32 yers, Occu: Meter
Repairing, R/o Kotwalpura,
Bhoiwada, Aurangabad

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... Petitioner

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VERSUS

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1. The State of Maharashtra

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2.the Inspector of Legal
Meteorology,
Aurangabad Region-1, Central
Building, N-7, CIDCO, Opp.
Garware Factory, Jalgaon Road,
Aurangabad.

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3. The Regional Transport ... Respondents Officer, Aurangabad, Dist. Aurangabad.

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Advocate for Petitioner : Mr. Shaikh Mazhar A. Jahagirdar
AGP for Respondents 1 to 3: Mrs. M. A. Deshpande

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CORAM: S. V. GANGAPURWALA &

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K. L. WADANE, JJ.

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 DATE:
18th October, 2016

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JUDGMENT:

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1.Rule. Rule made returnable forthwith. With
consent of parties, the petition is taken up for final
disposal

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2. The petitioner assails the order dated

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09.01.2015 whereby the pulse generator has been seized

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by the Officers of the Meteorological Departmental. Mr.

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1/2

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23.odt

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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.

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3. Learned counsel submits that the this Court at
its principal seat at Bombay, in Writ Petition No.
7526 of 2016, vide order dated 11th 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.

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4. In light of above the action of respondent No.2
cannot be sustained.

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5. Rule is made absolute in terms of prayer clause
'B'. No costs.

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(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )

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Imran Nasir Khan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Imran Nasir Khan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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