1 wp.1914-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1914 OF 2011 Pradeep Jagdish Bhagat ...Petitioner Vs. Mumbai Municipal Corporation & Ors ...Respondents. ----- Mr. Sanjay Haritwa, for the Petitioner Ms. Seema Rawade, for B.M.C. Dr. F.R. Shaikh, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. JULY 29, 2011. P.C.: 1. The petitioner claims to be the owner of the public goods vehicle bearing registration no.MH-04-6267, and he has all India permit for the said vehicle. He is willing to pay the octroi charges as calculated by the municipal corporation of Gr. Mumbai. 2. We have perused the affidavit filed by Mr. M.N. Nerurkar, Dy. Assessor and Collector, Octroi Vigilance, municipal corporation of Gr. 2 wp.1914-2011 Mumbai. 3. As per the municipal corporation, the petitioner does not have locus standi because he is neither owner of the vehicle nor the importer of the goods. However, the documents presented before us support the claim of the petitioner that he is the owner of the vehicle seized by the municipal corporation along with goods. 4. We, therefore, direct the Dy. Assessor and Collector, Octroi Vigilance, Municipal Corporation of Gr. Mumbai to calculate the octroi dues payable by the petitioner in respect of the vehicle bearing no.MH-04-6267 by 1st August, 2011, and the petitioner agrees to pay the said amount by demand draft. On such payment, the corporation shall release the vehicle subject to, of course, its right to recover the penal charges by following the due process of law. 5. The Petition is disposed in terms of the above directions. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 3 wp.1914-2011