SHANKAR M TINGOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a registered owner of a commercial light vehicle (Mahindra mini truck bearing No. MWP 1339) and the said vehicle was purchased under financial assistance by the Bank of Maharashtra, Mill Corner Branch at Aurangabad in the year 1982. It had a capacity of two tonnes for goods carriage and the vehicle was subject to the hire purchase agreement with the Marathwada Development Corporation at Aurangabad, as well as the Bank of Maharashtra, Mill Corner Branch.

(2.) THE petitioner claims that on 24-7-87 he had parked the said vehicle some times in the morning, opposite Siddarth garden near the Central Bus Stand and with two of his friends he had gone for tea. When he came back after tea, he found his vehicle missing from the place where it was parked. On enquiries he learnt that the subject vehicle was towed by the traffic police and taken to the Kranti Chowk Police Station. He thereafter, claims to have approached the Police Sub-Inspector of Kranti Chowk Police Station as well as the Sub-Inspector of the City Traffic Branch. He specifically states that he approached both respondent No. 4 as well as Kranti Chowk Police Station from time to time and his vehicle was not released. He submitted a written application dated 3-10-1988 to respondent No. 3 on 16-11-1988 and an application dated 8-11-1988 to the respondent No. 4 which was received by the Kranti Chowk Police Station on 18-11-1988. In both these applications he requested for release of the vehicle forthwith and in the alternative to give a certificate of its non use, as it was parked at the Kranti Chowk Police Station from 24-7-87, so that he would be entitled for claiming exemption for payment of road tax. These requests went on deaf ears. He therefore, approached this Court invoking its jurisdiction under Article 226 of the Constitution and praying for directions against the concerned authorities. His substantive prayers are as under :-

(3.) DURING the last 11 years while the petition has been pending before this Court the order sheet has become voluminous and in a petition of 9 pages the order sheet itself is about 45 pages and it must be noted with regret that no steps were taken to release the vehicle lying idle in the Kranti Chowk Police Station for whatever reasons and for the fault attributable to whosoever person. It is a 1982 model commercial vehicle and by now it is hopelessly converted into junk with the courtesy of the Government Officers namely the officers from the Regional Transport Office and the police.