1 of 3 12-WP-10147-2018 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 Sagar Magar 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 5th 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 1st 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. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) SAGAR SANTOSH MAGAR Digitally signed by SAGAR SANTOSH MAGAR Date: 2026.09.07 11:35:32 +0530