UTTAM MANDAL vs STATE OF UTTARAKHAND AND ANOTHER

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

“(i) Issue a writ, order or direction in the nature of mandamus thereby directing respondent no. 2 for releasing the Tractor bearing Registration No.

UK18E 9737 along with the trolley.â€​

It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the Tractor Trolley, bearing registration no.UK18E 9737.

It is stated that the said vehicle of the petitioner was seized by the respondent no. 2, which was found left over on the road side. Thereafter, penalty

was also imposed by the Forest Officer, Kashipur Forest Area, Tarai (West), Forest Division, Ramnagar, Nainital, which was paid by the petitioner on

28.03.2018. Thereafter, on the application moved by the applicant, report was also given by the A.R.T.O. Officer, Kashipur, Udham Singh Nagar

that the petitioner is the owner of the said vehicle and there is no challan pending against the said vehicle. It is alleged that the Forest Officer,

Kashipur Range also wrote a letter to the S.O. of Police Station, I.T.I., Kashipur that since the entire penalty has also been deposited by the petitioner

against the Tractor, bearing Registration No. UK18E 9793, therefore, the said tractor be released in favour of the petitioner; 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 09.02.2018 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 petitioner is ready to give an undertaking before the Magistrate concerned.Â

Learned Deputy Advocate General 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 for the release of his vehicle by way of

filing a representation, 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.