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2018 DIGILAW 186 (UTT)

MAHABALI STONE CRUSHER v. STATE OF UTTARAKHAND

2018-04-10

V.K.BIST

body2018
JUDGMENT Hon'ble V.K. Bist, J. 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 the respondent no.3 to release the Dumper No. UK 19 CA 0056 registered in the name of the petitioner forthwith without any unreasonable delay because the direction has been already issued by the respondent no.2, 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 Stone Crusher established after due sanction of the Government and on 08.3.2018 one Sri Abdul Hameed S/o Ameer Hussain requested to hire the Dumper No. UK 19 CA 0056 of the petitioner for lifting the soil and the respondent no.2 granted the permission to the Abdul Hameed vide order dated 08.3.2018. After the aforesaid permission, Abdul Hameed was lifting the soil from his land for which he has deposited the requisite fee to the respondents. Thereafter, on 12.3.2018, the respondent no.3 entered into the land in question and seized the aforesaid Dumper, however, when the Abdul Hameed shown the permission, the respondent no.3 denied the same and illegally seized the aforesaid Dumper. Thereafter, petitioner made a request to the respondent no.2 regarding release of the aforesaid vehicle which has been illegally seized by the respondent and the respondent no.2 vide its order dated 17.3.2018 directed the respondent no.3 to release the aforesaid vehicle and the concerned S.H.O. I.T.I. Kashipur, vide its letter dated 26.3.2018 recommended for the release of the vehicle. Even after the aforesaid clear directions, the respondent no.3 is not releasing the aforesaid Dumper of the petitioner. Hence this writ petition. 3. Learned counsel for the petitioner submitted that one Sri Abdul Hameed requested to hire the dumper of the petitioner for lifting the soil and the respondent no.2 granted permission to the Abdul Hameed for the same. He further submitted that after the aforesaid permission, the respondent no.3 seized the dumper, however, Abdul Hameed shown the permission in respect of the same. He also submitted that the Dumper is duly registered in the Uttarakhand State Transport Department and the petitioner has deposited the Motor Vehicle Tax from 01.11.2017 to 30.4.2018 and required permission was already granted for lifting the soil. 4. He also submitted that the Dumper is duly registered in the Uttarakhand State Transport Department and the petitioner has deposited the Motor Vehicle Tax from 01.11.2017 to 30.4.2018 and required permission was already granted for lifting the soil. 4. Considering the submission of the learned counsel for the parties and considering the order of S.D.M. Kashipur, it is directed that in case petitioner approaches Thana Incharge, he will release the vehicle, in case the said vehicle is not found involved in any offence. 5. The writ petition is disposed of accordingly.