Asgar Ali vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

The petitioner’s tractor has been seized by the respondent Authorities, as it was found that the tractor was being used for illegal mining

purposes. This order has also been passed in view of the decision of the Division Bench of this Court dated 26.10.2018 passed in a Public Interest

Litigation being Writ Petition (PIL) No.162 of 2018, where the tractors were prohibited for any other use but for agricultural purposes. This part of the

order, however, was subsequently modified by the Division Bench by order dated 05.03.2019, which reads as follows:-

“6. The petitioner’s complaint, in this review application, is that the Division Bench had erred in proceeding on the premise that all tractors, with

attached trailers, were to be used only for agricultural purposes; on fulfilment of certain conditions, certain tractors attached with trailers/trolleys were

also registered as transportation vehicles; and, since the entire basis for prohibiting the use of tractor trolleys is that these tractors are to be used only

for agricultural purposes, the order of Division Bench necessitates review. It is evident from Rules 173 and 174 (1) that certain trailers attached to

tractors are also used as transport vehicles, under certain circumstances, provided they are registered as such with the office of Regional Transport

authority.

In the light of the averments in the counter affidavit, and in as much as trucks and other light motor vehicles are being permitted to transport Minor

Minerals, the order under review is modified to the limited extend that tractors with attached trolleys-trailers, duly registered with the office of the

Regional Transport Officer, and which were hitherto being permitted by the Uttarakhand Forest Development Corporation, and the Uttarakhand

Forest Corporation for transportation of Minor Minerals from the allotment lots of the corporation, shall only be permitted to transport such minerals

strictly in accordance with the terms and conditions imposed both by the Uttarakhand Forest Development Corporation and the Uttarakhand Forest

Corporation. Only such of the tractor cum trolleys, which are registered with the office of Regional Transport Office as transportation vehicles, shall

be permitted to transport Minerals from the allotted lots of both the Corporation subject to such conditions as may be imposed both by the Uttarakhand

Forest Development Corporation and the Uttarakhand Forest Corporation. The Review Applications are, accordingly, disposed of. No costs.â€​

In pursuance of both the orders i.e. order dated 26.10.2018 and 05.03.2019, it is clear that only such tractors cum trolleys, which are duly registered

with the office of R.T.O. and are being permitted by the Uttarakhand Forest Development Corporation and Uttarakhand Forest Corporation, shall be

permitted for transportation of minerals from the allotted lots of both the Corporations in accordance with law.

The only reason assigned by the authorities for not releasing the vehicle in favour of the petitioner is that there are certain orders of this Court

passed in a Public Interest Litigation.

Be that as it may, the fact remains that there are statutory provisions under which on certain conditions the vehicle can be released.

In view thereof, the writ petition is disposed with the direction that if the petitioner pays the penalty and fines as imposed by the authorities, the

concerned authority shall consider releasing the vehicle in favour of the petitioner in accordance with law.