MS TARAI BRICK FIELD vs STATE OF UTTARAKHAND AND OTHERS

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

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned Case Serial No. 7659/17 under Section

3/181/192/146/196/177/207 of Motor Vehicle Act dated 29.12.2017 lodged at, P.S. Kotwali Rudrapur, District Udham Singh Nagar and impugned

report dated 29.12.2017 issued by respondent no. 5.

(ii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent no.5 to release the illegally detained

Tractor/Trolly fortwith engaged with the petitioner industryâ€​.

2. It is submitted by the learned counsel for the petitioner that petitioner is a Brick Kiln Industry, who uses to engage several agricultural

equipments, including J.C.B. and other equipments for procurement of raw material soil from agriculture field, which are full of island of soil. It is

alleged that petitioner has engaged a Tractor/Trolly No. UK-06 S-3559 from outsourcing.Â

According to the petitioner, on 29.12.2017, when employees of petitioner were procuring the soil at the site of Brick Kilin owned by the petitioner,

police personnel of respondent no. 5 illegally seized the said Tractor/Trolly and the same was booked for offences committed under Motor Vehicle

Act bearing Case Serial No. 7659/17 under Section 3/181/192/146/196/ 177/207 of the Motor Vehicle Act at P.S. Kotwali Rudrapur, District Udham

Singh Nagar. Thereafter, respondent no. 4 also submitted the impugned report dated 29.12.2017 to respondent no. 3 for taking legal action under the

Mining Act. Hence, this writ petition. Â

Learned counsel for the petitioner submitted that the petitioner has already deposited a sum of ` 100/-, vide receipt dated 14.03.2018, before the

learned Chief Judicial Magistrate, Udham Singh Nagar and the learned Magistrate has ordered for the release of the said vehicle; but, despite this

fact, the respondent no. 5 is not releasing the said vehicle.Â

Learned Deputy Advocate General submitted that the said vehicle was challaned while carrying the soil in violation of conditions dated 26.02.2016

issued by the State Level Environment Impact Assessment Authority, Uttarakhand.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 owner has right to get the said vehicle plied. Â

Considering the above-stated facts, it is directed that in case petitioner approaches the Station House Officer, Police Station Kotwali, Rudrapur,

District Udham Singh Nagar (where the said vehicle is presently detained) and produces the order of release passed by the Chief Judicial Magistrate,

Udham Singh Nagar, he will release the said vehicle as per the directions issued by the Chief Judicial Magistrate, Udham Singh Nagar, before whom

the petitioner has deposited the aforesaid amount, in case the said vehicle is not involved in any other offence. Â

The writ petition is disposed of accordingly.