vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.379 OF 2008 WRIT PETITION NO.379 OF 2008 WRIT PETITION NO.379 OF 2008 M/s.Furnace Fabrica India Ltd. ... Petitioner V/s. State of Maharashtra ... Respondent a/w WRIT PETITION NO.380 OF 2008 WRIT PETITION NO.380 OF 2008 WRIT PETITION NO.380 OF 2008 Mohammed Yunus Qureshi ... Petitioner V/s. State of Maharashtra ... Respondent WRIT PETITION NO.666 OF 2008 WRIT PETITION NO.666 OF 2008 WRIT PETITION NO.666 OF 2008 M/s.Sheth Mosarkar Construction Ltd ... Petitioner V/s. State of Maharashtra & Anr. ... Respondents Ms.A.P. Madhuri for Petitioner Mr.V.S. Masurkar, Government Pleader, for Respondent Nos.1 & 2 CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: FEBRUARY 1, 2008 FEBRUARY 1, 2008 FEBRUARY 1, 2008 P.C.: P.C.: P.C.: . In these three petitions, the respondent RTO has seized the vehicles as they have entered the city limits of Greater Mumbai in violation of the Rules as a result of which the vehicles are liable for confiscation. 2. The learned counsel appearing for the : 2 : petitioners submits that this Court instead of confiscation has released the vehicles in case of such default particularly when it was for the first time that the vehicle from outside the territorial limits of Mumbai have entered Mumbai due to ignorance on the part of the owner/driver. Such orders have been passed as recently as in October 2007. Therefore, the learned counsel for the petitioners submits that these three petitions be treated on par and this Court may impose reasonable fine and direct the respondents to release the vehicles by giving one time pemission to the petitioners to take the said vehicles outside the territorial limits of city of Mumbai on condition of payment of fine. 3. In writ petition No.389 of 2008, the vehicle in question is mini bus bearing No.MH04/G/2026 and is registered with Deputy RTO, Vashi. It is the case of the petitioner that this mini bus was required to be brought to Mumbai to a garage at Kanjurmarg for carrying out certain repairs and it is actually used for carrying the staff of the company and operates outside the city limits of Greater Mumbai. We, therefore, direct the petitioner to pay fine of Rs.15,000/- to the respondents and permit the petitioners to take the said vehicle outside the territorial limits of Mumbai on condition that if the vehicle is again found within the : 3 : territorial limits of Greater Mumbai, it will stand confiscated to the State. 4. In the second case i.e. Writ Petition No.380 of 2008, except for the quantum of fine, we issue similar directions as this is a heavy vehicle i.e. truck/lorry, the amount of fine would be Rs.25,000/-. In case of Writ Petition No.666 of 2008, the vehicle involved is a pick-up van, the amount of fine would be Rs.20,000/-. 4. All the petitions are disposed of accordingly. (J.N. PATEL, J.) (SMT.NISHITA MHATRE, J.)