1 wp 3521-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3521 OF 2011 Sunil Manohar Phalanikar ...Petitioner vs. The State of Maharashtra & Anr. ...Respondents Mr.Swapnil Pednekar for the Petitioner. Mr.S.N. Patil, AGP for the Respondents. CORAM : D.B. BHOSALE AND U.D. SALVI, JJ. MAY 4, 2011 P.C :- 1 Rule. Rule made returnable forthwith. Finally heard with consent of the parties. 2 It is submitted on behalf of the petitioner that his vehicle bearing Registration No.MH-09/L-1985 of the year 2001 bound for Kolhapur unwittingly strayed within the limits of city of Mumbai as a result of the roads getting blocked due to heavy rain; and the respondent no.2 accosted the 2 wp 3521-2011 said vehicle at D Mello Road, Mumbai and detained it for the reason of plying the said vehicle in the limits of city of Mumbai in violation of the order passed in Writ Petition No.1762 of 1999. According to the petitioner, the violation of the order is not willful and deserves to be condoned. 3 By consent, the Rule is disposed of by the following order :- (i) The petitioner shall file an undertaking before this court within two weeks from today that the vehicle bearing registration No. MH-09/L-1985 shall not be put to use in Greater Mumbai upon the said vehicle being released to him. (ii) The petitioner shall pay an amount of Rs.30,000/- towards fine with respondent No.2 (Regional 3 wp 3521-2011 Transport Officer, Tardeo, Mumbai) for having vitiated the order of this court dated 3rd March, 2004. (iii) Upon compliance of the aforesaid conditions, the respondent No.2 shall release the vehicle bearing registration No. MH-09/L-1985 to the petitioner. 4. No costs. (U.D. SALVI, J.) (D.B. BHOSALE, J.) 4 wp 3521-2011