Bombay High Court
MONA HARSH KOTAK THR. POA HARSH PRAVIN KOTAKversusSTATE OF MAHARASHTRA THR. ITS PRINCIPAL SECRETARY (TRANSPORT) AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition was dismissed; the court declined to issue a mandamus directing the issuance of NOCs or removal of flagging.
Summary
The petitioners, represented by a power of attorney holder, sought a writ of mandamus directing the Regional Transport Officer to issue No Objection Certificates (NOCs) under Section 48 of the Motor Vehicles Act, 1988, and to remove the flagging on two tourist buses that were subject to large traffic fines. The respondents argued that the matter was already pending before the 9th Joint Civil Judge, Junior Division, Pune, and that the petitioner could deposit the outstanding fines to have the flagging removed. The petitioner offered to pay the full fines of Rs. 10,63,002 and Rs. 11,19,000 within seven days, seeking to create third‑party rights and sell the vehicles. The court noted that the petitioner’s willingness to pay did not automatically obligate the transport authority to issue NOCs without following procedural requirements. Consequently, the writ petition was dismissed and the rule discharged, leaving the matter to be resolved in the pending civil proceedings.
Issues considered
- Whether the court can compel the Regional Transport Officer to issue a No Objection Certificate under Section 48 of the Motor Vehicles Act, 1988 via a writ of mandamus.
- Whether the flagging of vehicles can be removed solely upon payment of pending fines without further adjudication.
Legislation cited
- Motor Vehicles Act, 1988 — s. 48
Subjects
- Motor Vehicles Act
- Section 48
- No Objection Certificate
- Mandamus
- Vehicle flagging
- Traffic fines
- Writ petition
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.08.20
13:07:20
+0530
1 924-wp-7198-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7198 OF 2026
Mona Harsh Kotak, POA Holder
Harsh Pravin Kotak
Age: 58, Occu: Business Proprietor of Modern
Tours & Travels 10, Business Plaza, Near
Rozwood Hotel, Tardeo, Mumbai – 400 034,
POA Holder, Harsh Pravin Kotak,
Age 63 years. … Petitioner
Versus
1. State of Maharashtra,
Through Its Principal Secretary (Transport),
Home Department, Mantralaya, Mumbai
2. Transport Commissioner,
Maharashtra State Having its Office at-
M.T.N.L.Building, Fort, Mumbai
3. Regional Transport Officer, (Mumbai Central),
Old Bodyguard Lane, Tulsiwadi, Tardeo,
Mumbai 400 034
4. Dy. Regional Transport Officer,
(Pimpari -Chinchwad) Having Office Address
At Dy. Regional Transport Office,
Pimpari- Chinchwad, Pune. … Respondents
……
Mr.Suhas S. Deokar for the Petitioner.
Mr.P.P.Kakade, Addl.GP with Mr.S.P.Kamble, AGP for the Respondent -
State.
…...
CORAM : RAVINDRA V. GHUGE, ACJ
&
GAUTAM A. ANKHAD, J.
DATE : 19 AUGUST, 2026
Trupti S. Bamne
2 924-wp-7198-2026.odt
ORAL JUDGMENT (Per : The Hon’ble the Acting Chief Justice)
1. Rule. Rule made returnable forthwith and heard finally with
the consent of the parties.
2. The Petitioner has put forth prayer clauses (a) and (b), as
under:
‘a) That by Writ of Mandamus and or by appropriate
Writ, Direction and Order of similar nature, Your
Lordships be pleased to direct the Respondent No. 3
to issue the no objection certificate as per Section 48
of the Motor Vehicles Act, 1988 by removing the
flagging off by Respondent No. 3 due to reason
enforcement if any and thereby allow the Petitioner
to transfer the vehicles in favour of the transferee;
b) That by Writ of Mandamus and or by appropriate
Writ, Direction and Order of similar nature, Your
Lordships be pleased to direct the Respondent No. 3
not to insist the no objection certificate as per section
48 of the motor vehicle act 1988 for transfer of
ownership of the vehicle within the state.’
3. We have heard the learned Advocates for the respective
sides. There is no dispute that there are two vehicles involved in this
matter, the details of which are as under:
(a) A tourist bus bearing registration No. MH-01-CV-6385, which has
suffered 280 challans, and the outstanding payment of fine is
Rs. 10,63,002/-;
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(b) The second vehicle bearing registration No. MH-01-CV-7794, which
has suffered 310 E-challans, and the outstanding payment of fine is
Rs. 11,19,000/-.
4. The learned Addl. GP submits that the concerned Court, i.e.,
9th Joint Civil Judge Junior Division First Class, Pune, is already dealing
with these cases.
5. The learned Advocate for the Petitioner submits, on
instructions, that the Petitioner desires to sell these two vehicles. He
would deposit the entire amount of Rs. 10,63,002/- and Rs. 11,19,000/-,
before the concerned Court, without prejudice to his right to oppose the
challans. Once these amounts are deposited, no dues certificate may be
issued by the authorities and the Petitioner be permitted to dispose off
the said two vehicles. The Petitioner desires to deposit the entire amount
in both these cases, within seven days from today.
6. The learned Addl.GP submits that if the entire amount is
deposited in this Court, the Regional Transport Officer would remove
the flagging on the two vehicles as being defaulter vehicles. Thereafter,
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the Petitioner may create third-party rights in such vehicles.
7. The above statements are recorded.
8. Once these amounts are deposited, the concerned authorities
would release the vehicles from the flagging which has been attached.
Consequent thereto, the Petitioner may create third-party rights in the
said vehicles, but, by intimating prospective buyers in writing as regards
the two pending criminal cases. After these amounts are deposited, NOC
with regard to these two vehicles be granted by Respondent No. 3 within
a period of three weeks from today. Needless to state, that if the
Petitioner succeeds in the pending proceedings and if it is concluded that
she was not liable to pay the fines, she would be entitled for a refund.
9. In light of the above, this Writ Petition is disposed off. Rule
is discharged.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Trupti S. Bamne
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