Nagpur: In a significant relief to private bus operators, the Bombay High Court on Friday directed the release of all buses detained by Nagpur Traffic Police and pulled up the State Government for failing to designate proper bus terminals and bus stops in Nagpur city.

The division bench of Justice Anil Killor and Justice Ajit Kadethankar was hearing Writ Petition No. 4738/2025, filed by bus operators Om Gupta, Virendra Bube, Moh Rafique, and Umesh Gupta, challenging the order passed by the DCP (Traffic), Nagpur on August 12, 2025, which had restricted all private buses from entering the city between 8 am and 10 pm.

Petitioners’ Arguments

Representing the petitioners, Adv. Dr. Tushar Mandlekar argued that the DCP Traffic had no authority to impose a blanket ban or designate parking places outside city limits under Section 115 of the Motor Vehicles Act, 1988. He pointed out that the DCP’s order contradicted directives issued earlier by the Transport Commissioner, Mumbai (July 2, 2025) and the DGP (Traffic), Maharashtra (July 3, 2025), which explicitly stated that no restrictions should be imposed on All India Permit vehicles picking up or dropping passengers within city limits.

Mandlekar further contended that the order was arbitrary and unconstitutional, violating Articles 14, 19(1)(g), and 21 of the Constitution. He stressed that it was the State Government’s duty under Section 117 of the Motor Vehicles Act, 1988, Rule 110 of the Motor Vehicle Rules, 1989, and Section 243-A of the Maharashtra Municipal Corporation Act, 1949, to create designated bus stops and parking places for private buses — a responsibility it had failed to discharge.

State’s Stand

Appearing for the DCP Traffic, Adv. Chotu Uikey defended the notification, stating that the DCP was a competent authority under Section 115 of the Motor Vehicles Act. However, after extended arguments, he conceded that no action would be taken against All India Permit holders, in line with the DGP’s July 3, 2025, notification.

Court’s Directions

Taking note of the submissions, the High Court directed immediate release of all detained buses and sought a detailed reply from the State Government by September 3, 2025. The bench specifically questioned the Government on why bus terminals and designated bus stops had not been created in Nagpur city despite repeated requirements under law.

Adv. Dr. Tushar Mandlekar appeared for the petitioners, while Adv. Chotu Uikey represented the State Government.