IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2848 OF 2006 WRIT PETITION NO. 2848 OF 2006 WRIT PETITION NO. 2848 OF 2006 Chartered Carriers Ltd. ...Petitioner V/s. State of Maharashtra & Anr. ...Respondents Shri A.R. Shaikh i/b. S.R. Waghmare for Petitioner. Mr.Nitin Deshpande, AGP for Respondent-State. CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & CORAM : DR.S. RADHAKRISHNAN & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : AUGUST 22, 2006 DATED : AUGUST 22, 2006 DATED : AUGUST 22, 2006 P.C. :- P.C. :- P.C. :- 1. Heard learned Counsel for the petitioner and learned Counsel for Respondent-State. 2. The petitioner is challenging the proposed action of respondent no.2 against the petitioner’s vehicle which is a transport vehicle wherein the requisite authority pursuant to the report of the Vehicles Research and Development Establishment, Ahmednagar has laid down in compliance with Central Motor Vehicle Rules that the Gross Vehicle Weight should have maximum weight of 40,200 kgs. whereas on inspection, the Gross Vehicle Weight of the vehicle is 49,200 kgs. - 2 - 3. In the affidavit-in-reply filed by Nanasaheb D. Bachhav, Assistant Regional Transport Officer, Thane, dated 26th July, 2006, in paragraph 4 it is clearly mentioned as under :- "I say that what the Haryana authorities have done is to illegally grant more GVW of the 49,200 Kgs. Therefore, the said assignment of GVW is illegal. I submit that while granting the GVW in respect of the articulated vehicle, the authority must observe the GVW granted by the authorized testing agency to the pulling vehicle. This seems to have been ignored by the Registering authority at Jind, Haryana. . It is pertinent to submit that in Ghat sections, because of insufficient pulling capacity of tractor, it is difficult to manoeuvre the vehicle, which directly affects the breaking efficiency and other factors and resultantly, causing heavy traffic congestion in Ghat sections and danger to other road-users and thus affecting the "Road-safely Road-safely Road-safely". To provide road-safety to all the road-users is the prime motto of the Motor Vehicles department, and as such, the action taken by the officers of the Respondents, at the Achhad Border Check Post is legal and correct." 4. In view of the same, we do not find any illegality or patent error in the action of the respondents. - 3 - 5. Under the aforesaid facts and circumstances, the petition is totally devoid of merits, hence the same stands dismissed. (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (DR.S. RADHAKRISHNAN, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)