wp4476-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4476 OF 2011 Anjayya Karayya Anthati .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Mr.D.S.Manerkar with S.D.Bhujbal for petitioner Mr.A.B.Vagyani AGP for respondent Nos. 1 to 3 CORAM : S.C.DHARMADHIKARI, J. DATE : 5th August 2011. P.C.: 1] This petition is directed against the order passed by the Appellate Authority viz., Deputy Transport Commissioner dated 25th May 2011 suspending licence of the petitioner’s motor driving school till the decision of a criminal case viz., C.R.No.278 of 2009. 2] I have noted basic controversy in my order dated 28th July 2011. Since it was contended on behalf of the petitioner that he has no control over the criminal case and presently the wp4476-11.doc 2 licence is valid till 6th December 2012, he should be allowed to operate the motor driving school. He has filed an affidavit in pursuance of the order dated 28th July 2011 stating therein that the petitioner carries on business of motor driving (training) school for the last 19 years as a proprietor under the name and style of Highway Motor Training School. This business is being conducted from the premises more particularly described in para 2 of the affidavit dated 2nd August 2011. These premises are situate at Borivali Amita Coop. Housing Society, Borivali of which petitioner is a member. He has produced the bill raised by the society for payment of monthly charges. He has also produced the original licence/ authorisation. 3] From a perusal of the affidavit and all annexures thereto, it appears that the petitioner was given such a permission/ authorisation from the year 1992, which is in force till 6th December 2012. There is a criminal case pending. However, since the petitioner states that the present motor driving school is the only source of income or business and the wp4476-11.doc 3 family depends upon the same, interest of justice would be served if it is directed that without prejudice to the rights and contentions of the State as well as the prosecution to proceed and prosecute all those who are found to have indulged in the offences punishable under section 465, 466, 471 and 420 read with 34 IPC, in C.R.No.278 of 2009, registered with Amboli Police station and on the undertaking of the petitioner, that he is allowed to operate and continue with the motor driving school business till 6th December 2012. The petitioner is present today in court and this order is being passed in his presence. He undertakes before the Court that he presently runs this business. He will employ such other persons as servants/ managers. However, the petitioner has undertaken before the Court that Mr.Rakesh Anthati and Pandharinath Pawar are no longer associated and connected with this business and he will not employ them till the end of December 2012. These persons are stated to be accused in the two criminal cases and they were arrested from the petitioner’s office/ establishment. In these circumstances, accepting all statements in the affidavit wp4476-11.doc 4 as undertakings to this Court and further the petitioner stating that he will personally carry on the said business without any assistance of these two persons, the impugned orders are modified to the extent that the petitioner will be permitted to carry on business till the period of licence is over i.e. till 6th December 2012. The petitioner shall strictly abide by all terms and conditions of the licence. However, if the petitioner is found to be indulging in any of of the illegal activities including issuing of fake and bogus licence, the authority shall take appropriate action in accordance with law and merely because this court has permitted the petitioner to carry on his business will not prevent the authorities from doing so. Equally, the petitioner can be proceeded for all other violations and breaches of the terms and conditions of licence and the Motor Vehicles Act so also applicable penal laws. Petition is disposed of. No costs. (S.C.DHARMADHIKARI, J)