1 wp-5142-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5142 OF 2010 Mahindra & Mahindra Automotive Pvt. ..Petitioner versus The State of Maharashtra & Anr. ..Respondents Mrs. A. P. Madhuri for Petitioner. Mr. S. R. Nargolkar – G.P. for Respondents. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 27, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. 2. The learned counsel for the petitioner has submitted that the vehicle (Scorpio) bearing registration no. MH -15-B-9695 was manufactured in the year 2001. The petitioner purchased the said vehicle in the same year. It is registered with R.T.O. Nasik, Maharashtra State. It is submitted that vehicle being more than eight years old, in view of the Order passed by this Court 2 wp-5142-10 in notice of motion no. 57 of 2008 in writ petition no. 1762 of 1999 dated 3rd March 2004, is not permitted to be plied in the Corporation limits of Mumbai if not converted to CNG/LPG. It is submitted that driver of the petitioner inadvertently brought the vehicle within the Corporation limits of Mumbai and therefore the vehicle was detained by the Authorities and latter on seized and confiscated. 3. The learned counsel for the petitioner has submitted that this Court in a similar situation vide Order dated 30th April 2010 passed in writ petition no. 3726 of 2010 directed the authorities to release the vehicle of the petitioner in the said petition on deposit of Rs.10,000/- and the petitioner was directed to file an undertaking not to ply the said vehicle within the Municipal limits of Greater Mumbai. The learned counsel for the petitioner prays for similar order. 4. The learned Government Pleader does not dispute the factual and legal aspect of the matter. 5. Considered the contentions canvassed by the respective counsels and perused the Order dated 30th April 2010 passed by this Court. Considering the facts involved in the present case, it appears that the issue stands 3 wp-5142-10 covered by the decision of this Court. 6. In the circumstances, petition is disposed of by directing the petitioner to deposit in the Chief Minister’s Relief Fund an amount of Rs.10,000/- (Rupees Ten Thousand only) within a period of two weeks. The respondent no. 2 shall, in turn, forward the amount to the Chief Minister’s Relief Fund. The petitioner shall file an undertaking before the respondent no. 2 that the vehicle shall not hereafter be plied within the Municipal limits of Greater Mumbai. Respondent No.2 shall, subject to compliance with the aforesaid directions, release the vehicle only for taking it out of the municipal limits of Greater Mumbai. Petition disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)