Bombay High Court: In a writ petition filed by Sawkash Authorickshaw Union (‘Auto Union’) seeking directions to the State to limit the number of taxis and autos by recalling the open licensing policy, the Division Bench of G. S. Kulkarni and Advait M. Sethna, JJ., disposed of the petition, holding that the case at hand was a matter of policy and had to be decided by the State. The Court directed the Transport Commissioner to decide on the matter within four weeks.
Background
The Auto Union’s primary contention was that the open licensing policy of 2017 required revision, especially in its applicability to the Regional Transport Office, Pune, to limit the issuance of auto-rickshaw licenses. It was contended that such a policy was causing several problems and prejudice to the rickshaw owners. The persons who had purchased rickshaws on loan were suffering as they were not getting adequate business, resulting in them defaulting on loan payments.
The Auto Union had presented all its grievances before the Regional Transport Officer, the Chief Minister, the Transport Minister, and the Deputy Chief Minister, seeking a recall of the open auto rickshaw license policy.
Analysis and Decision
The Court stated that prima facie, the case appeared to be a matter of policy. If the Auto Union believed the policy was arbitrary or illegal in any manner or was prejudicially affecting the Auto Union and/or society at large, it was for the State Government to decide on the Auto Union’s representation.
Thus, the Court directed the Transport Commissioner to hear the Auto Union on their representation, take an appropriate decision, and communicate the same to the Auto Union within four weeks. The Court also directed the Auto Union to approach the Transport Commissioner on 01-04-2025 at 2:30 p.m.
Accordingly, the petition was disposed of while keeping all the contentions of the parties open.
[Sawkash Authorickshaw Union v. State of Maharashtra, 2025 SCC OnLine Bom 724, decided on 25-03-2025]
Advocates who appeared in this case :
For the petitioner: Akshay Deshmukh, Sanket Kadam and Sumit Chandhari
For the respondent: AGP M.S. Bane
