1 wp11218.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11218 OF 2011 Mr. Anand G. Karve. ....Petitioner. Vs. The State of Maharashtra & ors. ....Respondents. Mr. A.P. Madhuri, Advocate for Petitioner. Mr.V.S. Gokhale, AGP for Respondents. CORAM:- M.L. TAHALIYANI & GIRISH GODBOLE, JJ (Vacation Court) DATED:- DECEMBER 27, 2011 P.C. 1. Rule. Rule made returnable forthwith and heard by consent of the parties. Learned AGP waives service on behalf of the Respondents. 2. Petitioner is owner of a goods tanker bearing Registration No. MH-12-AU-2923 with RTO, Pune. The said vehicle was detained by the RTO on 21/12/2011 when it was found plying in Mumbai region. The vehicle is registered on 11/9/2003 and, hence, was more than 8 years old and was a diesel vehicle. Consequently, the vehicle was detained on 2 wp11218.11 account of the Order dated 17/10/2001 in Writ Petition No. 1762 of 1999 and the subsequent order dated 7/7/2004 in Notice of Motion No. 57 of 2004 in Writ Petition No. 1762 of 1999. 3. The learned Advocate for the Petitioner submitted that the vehicle was registered in Pune and the Petitioner was not aware about the prohibitory order of this Court. The learned Counsel relied upon the Order dated 29/11/2011 passed by the Division Bench in Writ Petition No. 8547 of 2011 and other connected cases in which this Court directed the authorities to release the vehicles on depositing Rs. 10,000/- and on filing an Undertaking that they shall not ply the vehicles within the local limits of Greater Mumbai. Having regard to the circumstances of the case and the fact that this appears to be the first contravention by the petitioner, we are inclined to allow this petition. 4. In the circumstances, the Petition is allowed by directing the Petitioner to deposit Rs. 5,000/- with the R.T.O., Mumbai, within a period of two weeks from today. The R.T.O. shall in turn deposit the amount with the Chief Minister’s Relief Fund. The Petitioner shall also file an undertaking before the R.T.O. that the petitioner shall not ply the vehicle 3 wp11218.11 within the limits of Greater Mumbai. Upon the deposit of the aforesaid amount and on filing of the undertaking by the petitioner, the R.T.O. shall release the vehicle only for taking it out of the limits of Greater Mumbai. 5. Rule is made absolute in the above terms with no orders as to costs. (M.L. TAHALIYANI, J) (GIRISH GODBOLE, J)