Research › Search › Judgment

Uttarakhand High Court · body

2018 DIGILAW 136 (UTT)

Pooran Singh v. State of Uttarakhand

2018-03-27

V.K.BIST

body2018
JUDGMENT : V.K. Bist, J. 1. This petition has been filed by the petitioner seeking the following relief: “(i) Issue a writ, order or direction in the nature of mandamus, direct the respondent no. 3 to release the tractor bearing U.K. 18 E 7580 along with trolley of the petitioner forthwith without any unreasonable delay because the petitioner has already deposited the amount of fine imposed upon him as a fine for such illegal mining, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.” 2. Briefly put, the case of the petitioner is that the petitioner is the owner of the tractor bearing registration no. UK 18 E 7580. On 30.11.2017, when he was carrying the sand for construction, his vehicle was seized by respondents on the ground of non production of any license for carrying the sand. On 22.01.2018, due to non production of the valid license, the respondents imposed a cost of Rs. 1,00,000/- upon the petitioner and the petitioner deposited the same through challan. Thereafter, on 24.01.2018, respondent no. 2 issued a letter to the respondent no. 3 for releasing the tractor of the petitioner on the ground that petitioner has deposited the fine amount imposed upon him. Thereafter, petitioner approached the respondent no. 3 for release of his tractor; but respondent no. 3 refused from releasing the same. On 14.02.2018, petitioner approached to the S.S.P. Udham Singh Nagar for release of tractor, but nothing has been done by the S.S.P. in this regard. Thereafter, on 12.03.2018, petitioner approached the District Magistrate, Udham Singh Nagar for directing respondent no. 3 to release his vehicle; but all in vein. Hence this writ petition. 3. Learned counsel for the petitioner referred to the letter dated 24.01.2018 issued by the Forest Range Officer, Bannakhera, Ramnagar. In the letter, it is stated that the required fine of Rs. 1,00,000/- has been recovered from the petitioner and if vehicle is not required in respect of any other offence, the same may be released in favour of the petitioner. 4. So far as the deposition of fine from the petitioner is concerned, it is evident from the letter dated 24.01.2018 of the Forest Range Officer, Bannakherea that the petitioner deposited the fine amount; therefore, the vehicle should be released by the respondent-authorities, in case same is not required any offence at the earliest. 5. 4. So far as the deposition of fine from the petitioner is concerned, it is evident from the letter dated 24.01.2018 of the Forest Range Officer, Bannakherea that the petitioner deposited the fine amount; therefore, the vehicle should be released by the respondent-authorities, in case same is not required any offence at the earliest. 5. Considering this submission of the learned counsel for the parties, it is directed that in case petitioner approaches concerned Thana Incharge, he will release the vehicle, in case the said vehicle is not found involved in any offence. 6. The writ petition is disposed of accordingly.