Bombay High Court
MUMBAI BUS MALAK SANGATHANA (REG.) THROUGH ITS SECRETARYversusUNION OF INDIA THROUGH ITS SECRETARY AND ORS.
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is allowed to be withdrawn as the grievance no longer subsists due to the implementation of automated testing stations under the amended statutory regime.
Summary
The petitioner, Mumbai Bus Malak Sangathana, filed a writ petition seeking directions to the State of Maharashtra and the Transport Commissioner to ensure timely fitness certification of its members' vehicles, alleging delays in vehicle inspection. The respondents produced an affidavit indicating that the Ministry of Road Transport and Highways issued Notification GSR 272(E) mandating compulsory testing at Automated Testing Stations (ATS) from April 2023 for heavy vehicles and June 2024 for medium and light transport vehicles, and that ATS were operational in 19 of 60 Regional Transport Offices with others under setup. The court observed that the government had taken appropriate steps to automate vehicle testing, rendering the petition filed in 2018 moot. Consequently, the court permitted the petitioner to withdraw the petition, granting liberty to approach the court again if the grievance persists despite ATS installation. The petition was therefore allowed to be withdrawn.
Issues considered
- What relief, if any, is appropriate where a petition seeks directions for vehicle fitness certification but the statutory framework has been altered by a subsequent government notification?
Legislation cited
- Motor Vehicles Act, 1988 — s. 56
Subjects
- fitness certificate
- vehicle inspection
- Automated Testing Stations
- Motor Vehicles Act
- writ petition
- administrative law
- government notification
Judgment
1 of 3 12-WP-10147-2018
Sagar Magar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10147 OF 2018
Mumbai Bus Malak Sangathana
(Reg.) Through Its Secretary … Petitioner
Versus
Union Of India Through Its
Secretary And Ors. ... Respondents
__________
Mr. Suhas Deokar a/w Mr. Tanmay Shembavnekar a/w Mr.
Shravan Sul for Petitioner.
Mr. A. I. Patel, AGP a/w Tanu Bhatia, AGP for the Respondent Nos.
2 and 3 -State.
Mr. Sachinkumar Giri, Deputy R.T.O. is present.
Mr. Jayesh Chiplunkar, Asst. M.V.P. is present.
__________
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 2nd SEPTEMBER 2026
PC :
1) The grievance in this petition is that, the vehicles of the
Petitioner’s Members were not getting the fitness certificate
expeditiously and there was delay in undertaking the examination
of those vehicles. The petition is filed mainly with the prayer for
directions to the Respondent Nos. 2 and 3 i.e. State of
Maharashtra and Transport Commissioner, Maharashtra State, to
make proper provisions for vehicle inspection so that owner would
2 of 3 12-WP-10147-2018
get fitness certificate as and when it is required. There are other
ancillary prayers made in the petition.
2) Learned AGP tendered the copy of the Affidavit dated
31st August 2026 affirmed by the Joint Transport Commissioner
(Enforcement-1), Bandra (East). The affidavit mentions that, the
Ministry Road Transport and Highways, Government of India
(MoRTH), vide its Notification No. GSR 272(E) dated 5 th April
2022, directed that, testing of transport vehicles for the purposes
of grant of Certificate of Fitness under Section 56 of the Motor
Vehicles Act, 1988 shall compulsorily be conducted through
Automated Testing Stations, in a phased manner, namely (i) in
respect of Heavy Goods Vehicles/Heavy Passenger Motor Vehicles,
with effect from 1st April 2023 and (ii) in respect of Medium Goods
Vehicles/Medium Passenger Motor Vehicles and Light Motor
Vehicles (Transport), with effect from 1 st June 2024, and that the
manual testing of vehicles by the offices of the Regional Transport
Officers/Motor Vehicles Inspectors on Brake Testing Tracks was
progressively discontinued, substituting by testing at Automated
Testing Stations. The Affidavit goes on to mention that, as to how
policy has been implemented. It is mentioned that, as on 19th
3 of 3 12-WP-10147-2018
August 2026, the Automated Testing Stations have already been
made operational in respect of 19 Regional Transport Offices out of
60 offices in the State of Maharashtra. In respect of 32 offices, the
process of setting up and operationalizing the ATS is at various
stages of completion.
3) Thus, we find that, Government is taking appropriate
steps. The situation is likely to improve with automation by
installation of automated testing centres. Therefore, the present
petition which is filed in the year 2018 does not survive as of
today, in view of the facts that, there is a marked change in the
process of testing of vehicles. The Affidavit is taken on record.
4) In view of this affidavit, learned counsel for the
Petitioner, on instructions, seeks permission to withdraw this
petition with liberty to take appropriate steps in case the grievance
still persists in future in spite of installation of automated testing
centres. Permission is granted. The Petition is allowed to be
withdrawn with such liberty.
Digitally signed
by SAGAR
SAGAR SANTOSH
SANTOSH MAGAR
MAGAR Date:
2026.09.07
11:35:32 +0530 (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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