IRSHAD vs STATE OF UTTARAKHAND AND OTHERS

This petition has been filed by the petitioner seeking the following relief:

“(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to release the petitioner’s

vehicle/Truck No. UP 21 BN 3583 in favour of petitioner.â€​

It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the Truck, bearing registration no. UP 21 BN 3583. It is

stated that, on 28.04.2018, when the driver of the vehicle was plying the vehicle, the S.H.O. of Police Station, I.T.I. stopped the said vehicle, pushed

out the driver and illegally seized the vehicle as “Unclaimedâ€. Thereafter, petitioner moved a representation dated 14.05.2018 before the Sub

Divisional Magistrate, Kashipur for the release of the vehicle. It is alleged that the petitioner also moved an application before the S.S.P., Udham

Singh Nagar for doing the needful in the matter; but, all in vain. Hence, this writ petition.Â

Learned counsel for the petitioner further submitted that petitioner is the owner of the vehicle in question. He submitted that the said vehicle was

seized on 28.04.2018 and the same will get damaged, inasmuch as, the petitioner is not in a position to use it due to its detainment. He submitted that

the said vehicle has been purchased by the petitioner on loan and, if the same is not released at the earliest, in that event, the petitioner will not be able

to pay its installments within time.  He submitted that the petitioner is ready to give an undertaking before the Magistrate concerned.Â

Learned Assistant Government Advocate admitted the facts what has been stated by the learned counsel for the petitioner. Â

I have considered the submission advanced by the learned counsel for the parties. I am of the view that in case the said vehicle is detained for long,

the said vehicle will get damaged and, thus, the petitioner has right to get the said vehicle plied. Â

Considering the above-stated facts, it is directed that in case petitioner approaches the competent authority, who is competent to take decision, for

the release of his vehicle by way of filing a representation within a period of two weeks from today, the competent authority shall decide the same, in

accordance with law, within a period of one week from the date of filing of representation along with the certified copy of this order. The

competent authority shall satisfy itself that the petitioner is the owner of the vehicle and the said vehicle is not required in any other offence. The

competent authority will be at liberty to impose such condition, which it deems fit in the matter, so that department’s interest be also protected.Â

The writ petition is disposed of accordingly.