sk 1 wp8547-8494-8536-8763.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8547 OF 2011 Hindustan Construction Company Ltd. & Anr. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... WITH WRIT PETITION NO.8494 OF 2011 Mr.Prabhakar Sadashiv Gokhale : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ... WRIT PETITION NO.8536 OF 2011 Shri Deepak Rajbahadur Yadav : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... AND WRIT PETITION NO.8763 OF 2011 Mr.Sham Vishwanath Ghatole : Petitioner V/s. sk 2 wp8547-8494-8536-8763.11 The State of Maharashtra & Ors. : Respondents .... Mr.Victor K. Fernandes for the petitioners in W.P.Nos.8547/2011, 8494/2011 & 8763/2011. Ms A.P.Madhuri for the petitioner in W.P. No.8536/2011. Mr.V.S.Gokhale, Asstt. Govt. Pleader for resp. nos.1 to 3. .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : NOVEMBER 29, 2011. P.C.: Rule, returnable forthwith. The learned Asstt. Govt. Pleader for the respondent nos.1 to 3 waives service. Heard finally by consent of parties. 2. In all these petitions, the vehicles which are more than eight years old have 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 petitioners submitted that the vehicles are all registered outside Mumbai and the Drivers and the Transporters were not aware of the prohibitory orders of this Court. The learned counsel relied on the order dated 2.9.2010 passed by this Court in Writ Petition No.6877 of 2010 in which sk 3 wp8547-8494-8536-8763.11 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 petitioners, we are inclined to allow these petitions. 3. In the circumstances, the petitions are allowed by directing the petitioner/s in each petition to deposit Rs.10,000/- 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 petitioners shall also file an undertaking before the R.T.O. that the petitioners shall not ply the vehicles within the limits of Greater Mumbai. Upon the deposit of the aforesaid amount and on filing of the undertaking by the petitioners, the R.T.O. shall release the vehicles 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 petitions, 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 sk 4 wp8547-8494-8536-8763.11 limits of Greater Mumbai which are more than eight years old. 5. Rule is made absolute in the above terms. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)