13. wp 10580-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10580 OF 2011 M/s. Polydrill Engineers Pvt Ltd .. Petitioner Vs State of Maharashtra .. Respondent Ms. Usha Srivastava i/b M/s. Consulta Juris for the Petitioner Ms. M.P. Thakur, AGP for the Respondent CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 12th DECEMBER, 2011. P.C.: 1. Rule, returnable forthwith. The learned AGP for the respondent waives notice. Heard finally by consent of the parties. 2. In this petition, the vehicle which is more than eight years old has been impounded by the R.T.O for plying the same in contravention of orders of this Court in PIL. The learned counsel for the petitioner submitted that the vehicle is registered outside Mumbai and the driver and the transporter were not aware of the prohibitory orders of this Court. The learned counsel relied on the order dated 2nd September, 2010, passed by this Court in Writ Petition No. 6877 of 2010 in 1 13. wp 10580-11.doc which this Court directed the authorities to release the vehicles on depositing Rs. 10,000/- and on filing an Undertaking that they shall not ply the vehicles within the local limits of Greater Mumbai. Having regard to the circumstances of the case and the fact that this appears to be the first contravention by the petitioner, we are inclined to allow this petition. 3. In the circumstances, the petition is allowed by directing the petitioner to deposit Rs. 25,000/- with the R.T.O., Mumbai, within a period of two weeks from today. The R.T.O. shall in turn deposit the amount with the Chief Minister's Relief Fund. The petitioner shall also file an Undertaking before the R.T.O. that the petitioner shall not ply the vehicle within the limits of Greater Mumbai. Upon deposit of the aforesaid amount and on filing an Undertaking by the petitioner, the R.T.O. shall release the vehicle only for taking it out of the limits of Greater Mumbai. 4. We make it clear that for other violations mentioned in the checking reports, copies of which are annexed to the petition, it will be open to the respondent authorities to take appropriate action regarding the said violations. This order is passed only in the context of the breach of the orders of this Court prohibiting plying vehicles within the Municipal limits of Greater Mumbai which are more than eight years old. 2 13. wp 10580-11.doc 5. Rule is made absolute in the above terms. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 3