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Judgment
(Per Revati Mohite Dere, J)
Heard learned Counsel for the parties.
Rule. Rule is made returnable forthwith and by consent of the parties, taken up for final disposal. Mrs. G.R. Raghuwanshi, learned A.G.P. waives notice on behalf of the Respondent No.1-State.
By this Petition, the Petitioner seeks a direction to the Respondent No.2-Commissioner of Transport, Maharashtra, to forthwith release the Petitioner’s vehicle bearing Registration No.MH-02-BQ-1316.
Perused the Petition. It appears that the Petitioner is carrying on the business of providing tempo traveller services from Thane. It further appears that the Petitioner possesses a tempo traveller bearing Registration No.MH-02-BQ-1316, registered in the year 2016, for the business of providing travel services. The said vehicle is registered with the RTO Andheri (West), Mumbai. According to the Petitioner, the said vehicle had a valid permit at the time of its detention/confiscation. The vehicle was confiscated, as it was more than 8 years at the time of its confiscation. According to the Petitioner, due to oversight, he did not realise that the vehicle had completed 8 years and as such, could not enter the limits of Mumbai. According to the Petitioner, the said vehicle had entered the city of Mumbai, when it was confiscated by the flying squad of RTO, Andheri (West), Mumbai, on 27th November 2025.
Learned Counsel for the Petitioner has tendered an Affidavit of the Petitioner-Shri Vijaykumar Perumal Sonar, the Authorised Signatory of the Petitioner, dated 16th December 2025. In the said Affidavit, the Petitioner has undertaken not to ply the aforesaid vehicle in the local limits of City of Mumbai. He has further stated that he shall take the vehicle out of the City of Mumbai. The said undertaking is accepted, as an undertaking to this Court.
In view of the aforesaid, i.e. the undertaking, we direct the Respondent No.2 to forthwith release the Petitioner’s vehicle bearing Registration No.MH-02-BQ-1316, subject to the condition that the Petitioner deposits Rs.10,000/- with the concerned Regional Transport Office, Mumbai. We make it clear that the vehicle shall be released only when the Petitioner produces the receipt of such payment.
The Petition is allowed and Rule is made absolute on the aforesaid terms. Petition stands disposed of accordingly.
All parties to act on the authenticated copy of this Order.