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2005 Supreme(Bom) 962

R.M.S.KHANDEPARKAR, S.P.KURDUKAR
AKSHAYKUMAR s/o UTTAMLAL JAISWAL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

R. M. S. KHANDEPARKAR, J.

( 1 ) SINCE common questions of law and facts arise in both these petitions, they were heard together and are being disposed of by this common judgment.

( 2 )

( 3 ) BY consent, Rule is made returnable forthwith.

( 4 ) WE have heard Shri S. R. Barlinge, learned Advocate for the petitioners in both the writ petitions, Shri U. K. Patil, learned Assistant Government Pleader for the respondents in both the writ petitions and Shri P. K. Joshi, learned advocate for the Intervenor - Maharashtra State Road Transport Corporation.

( 5 ) IN both the writ petitions, the petitioners are the owners of the luxury buses and hold permits of contract carriage. The petitioners seek relief in the nature of directions to restrain the respondents from detaining the vehicles under the garb of taking action under sections 66 and 192 of the Motor Vehicles Act, 1988 (for short, the "said Act") and also to restrain the respondents from seizing the documents of registration and other papers relating to the vehicles otherwise than permissible under the provisions of the said Act. It is the grievance of the petitioners that the police authorities are unnecessarily harassing the











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