GANESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule, returnable forthwith. Heard finally by consent of learned counsel for both the parties.

(2.) THIS Writ Petition challenges the order passed by the Deputy Regional Transport Officer, Wardha in Appeal No.4/2012/Wardha under Section 57 of the Motor Vehicles Act, 1988. The said Appeal impugned the order passed by the Police Sub-Inspector, Police Station, Wardha City (prescribed authority). The Police Sub-Inspector (hereinafter referred to as "prescribed authority ") by the said order dated 22nd November, 2012 has suspended the registration certificate of "Maruti " van bearing Registration No. MH-32 A-185 for a period of 120 days from the date of deposit of said vehicle at Wardha Police Station. The order in question was passed by the Prescribed Authority in exercise of its powers under Section 53(1) of the Motor Vehicles Act (hereinafter referred to as "the said Act "). Section 53 (1) of the said Act runs as under:

(3.) THE petitioner who is owner of the above-said vehicle, filed an Appeal before the Deputy Regional Transport Officer (hereinafter referred to as "the appellate authority ") challenging the order of prescribed authority. The appellate authority by its impugned order, remanded the case back to the prescribed authority for reconsideration.