Petitioner sought release of seized auto-rickshaw and compensation for its non-release. Court recorded that a compliant new vehicle was provided but initially rejected due to engine differences. Petitioner later accepted the release, conceding grievances survived, resulting in petition disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP- 13069/17.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13069 OF 2017
Dinesh Amulya Raha. ..Petitioner. Versus
State of Maharashtra & Others.
..Respondents.
Mr. B. K. Mishra for the Petitioner. Mrs. R. M. Shinde, AGP for the Respondent-State.
Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ. Date : July 27, 2018 .
P. C. :
Officer, RTO, Thane has filed an affidavit dated 27th July 2018. In paragraph 1 thereof, a statement is made that new auto-rickshaw is being provided to the Petitioner in lieu of non traceable old vehicle
patilsr Digitally signed by Sachin Ramchandra Patil Date: 2018.08.01 16:58:13 +0530
1 / 3
Sachin Ramchandra Patil
WP- 13069/17.
belonging to the Petitioner. Statement is also made that on 18th July 2018, the Petitioner has duly applied to the RTO Office for registration of new auto-rickshaw which bears Chassis No.MD2A24AYJWD69840 and Engine No. 24YWJD56103 and has submitted necessary documents as per the provisions of Motor Vehicle Act, 1988 and thereafter the said vehicle is duly registered in the name of the Petitioner with registration No. MH-04 JQ-1792. Further statement is made that after registration and after payment of taxes, RC book is issued by Respondent authorities along with tax receipt in the name of Petitioner. The Respondent – authorities thereafter called upon the Petitioner to remain present in its office to take possession of the said new auto-rickshaw. Accordingly, on 18th July 2018 the Petitioner remained present in the office of Respondent. However, he refused to take possession of the said auto-rickshaw. It is the grievance of the Petitioner that auto-rickshaw which was detained by the Respondent authorities was having 4 stroke engine and the auto-rickshaw which is being offered to him is of two stroke engine.
. The Respondent Authorities submitted that brand new auto-rickshaw is being provided to the Petitioner with company fitted CNG fuel engine. It was submitted that old vehicle of the Petitioner was 'Bharat Stage-III' compliant and the new vehicle is 'Bharat Stage-
2 / 3
patilsr
WP- 13069/17.
IV” compliant, which complies very advance pollution norms.
[SMT. ANUJA PRABHUDESSAI, J.]
[RANJIT MORE, J.]
3 / 3
patilsr
1 provisions across 1 enactments
Dinesh Amulya Raha
State of Maharashtra
RANJIT MORE
SMT. ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
