Published On : Wed, Mar 25th, 2015

High Court comes to the rescue of the RTO agents in Maharashtra

Nagpur: In a most important judgment the Hon’ble High Court of Bombay, Nagpur Bench comprising of Hon’ble Justice B.P. Dharmadhikari & Justice Sunil Shukre have granted relief to the thousands of RTO Agents/ Authorized Representative in the State of Maharashtra and clarified that they should not be restrained from entering in to the office of the RTO’s.

It is noteworthy to point out that earlier the High Court has directed the Regional Transport Officers in WP No:-2065/1987 decided on 06-06-2002 that “persons with “authority letter” on behalf of their masters / vehicle owners shall not be restrained from doing their work.”

But the State Transport Commissioner Mahesh Zagade has issued a draconian circular on 12-01-2015 and directed all RTO’s from restraining “agents” in their respective offices. The orders were challenged before the High Court by “authorized agents” working on behalf of the vehicle owners.

It is the contention of the agents that they are appointed legally u/s 182,183 of Contract Act 1872 and Power of Attorney Act. It was also argued by Adv. Mandlekar that the “state transport commissioner” had no powers to issue “prohibitory orders” as the same are available to Police Commissioner/ District Magistrate u/s 37 (4) of Bombay Police Act and 144 (3) of CRPC 1903.

The Transport Commissioner filed an affidavit that “authorized agents” were not restrained from entering in to the RTO Office, which was a “complete u turn” from his earlier stand. The Hon’ble High Court has recorded his stand and clearly clarified that “agents authorizedly appointed” having “authority letter” all over the Maharashtra should not be restrained from doing their work on behalf of their masters.

The High Court has disposed off all the writ petitions filed by the transporters and agents in Nagpur High Court and granted a big relief.

Adv. C.S. Kaptan, (Senior Counsel) Adv. Tushar Mandlekar, Adv. J.B Gandhi argued the matter on behalf of the petitioners and Adv. Bharti Dangre appeared for the transport department.