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Judgment
Gita Gopi, J
By way of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to release the vehicle
of the petitioner bearing Registration No. GJ-27-CD-5149 (Two Wheeler), which was seized on the ground of alleged traffic violation.
It is the case of the petitioner that his two-wheeler bearing Registration No. GJ-27-CD-5149 (Make â€" Honda Activa) was seized by a team of
private persons, who were allotted the duty of towing vehicles, on the ground of some alleged traffic violation. The petitioner preferred an application
before the respondents seeking release of his vehicle. However, the petitioner was informed that his vehicle had been detained on the ground of
violation of parking rules. Being aggrieved by the action of the respondents of not releasing his vehicle, the present petition has been preferred.
Heard learned advocates on both the sides and perused the material on record. It appears from the material on record that the vehicle in question
was, initially, seized on the ground of alleged “traffic violationâ€. However, subsequently, the petitioner was informed that his vehicle had been
seized on the ground that it was parked in a “No Parking Zoneâ€. From the information received by the petitioner under the RTI Act, it appears
that the vehicle in question had not been parked in any “No Parking Zone†at the relevant point of time. Further, no penalty or “Challan†had
been issued against the petitioner as regarding the alleged violation. Under the circumstances, the seizure of the vehicle in question is unlawful and the
vehicle in question deserves to be released.
For the foregoing reasons, the petition is allowed. The respondents are directed to release the vehicle in question bearing Registration No. GJ-27-
CD-5149 (Two Wheeler â€" Honda Activa) on immediate basis and without any unnecessary delay, on condition that the petitioner shall file an
Undertaking with the respondents that he shall produce the vehicle as and when called for and may appear before the police for recording his
statement. The petition stands disposed of accordingly. Rule is made absolute to the above extent. Direct service is permitted. Registry to send a Writ
of this order via E-mail / Fax forthwith.