The Nagpur Bench of the Bombay High Court has ordered the release of all private buses that were detained by the DCP (Traffic) in Nagpur. The Court also asked the State Government why proper bus terminals and bus stops have not been created in Nagpur city till now. The case was heard by Justice Anil Killor and Justice Ajit Kadethankar. They were hearing a writ petition filed by private bus operators – Om Gupta, Virendra Bube, Moh Rafique, and Umesh Gupta. These bus operators challenged the decision made by the DCP Traffic on August 12, which banned private buses from entering the city between 8 am and 10 pm.

 

Adv Dr Tushar Mandlekar, who represented the bus operators, argued that the DCP Traffic had no legal authority to issue a complete ban or to fix bus parking areas outside the city. He said this goes beyond the DCP’s powers under Section 115 of the Motor Vehicles Act, 1988. Dr Mandlekar also pointed out that the DCP’s order violated previous instructions from the Transport Commissioner in Mumbai (Dated July 2, 2025) and the Additional Director General of Police (Traffic), Maharashtra (Dated July 3, 2025). These instructions clearly said that buses with All India Permits are allowed to pick up and drop passengers inside city limits. He further told the court that the DCP’s order was unfair, illegal and against the Constitution of India which violated the petitioners’ fundamental rights under Articles 14, 19(1)(g), and 21. The petitioners argued that it is the State Government’s responsibility to create proper parking places and bus stops for private buses. This is required under Section 117 of the Motor Vehicles

 

Act, Rule 110 of the Maharashtra Motor Vehicles Rules, and Section 243-A of the Maharashtra Municipal Corporation Act. Dr Mandlekar also mentioned that buses can only be detained if there is a violation of permit rules, under Section 207 of the Motor Vehicles Act. He said in this case, there was no such violation. Adv Chotu Uikey, representing the DCP Traffic, Nagpur, said that the DCP is the competent authority to issue such orders under Section 115. However, after some discussion, he agreed that no action would be taken against All India Permit buses, in view of the ADGP Traffic’s notification from July 3, 2025. The court ordered all concerned authorities to file their replies by September 3, 2025.