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Uttarakhand High Court · body

2018 DIGILAW 188 (UTT)

Mohd. Afak v. State of Uttarakhand

2018-04-11

V.K.BIST

body2018
JUDGMENT : V.K. BIST, J. This petition has been filed by the petitioners 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/ Truck No. UK 18 CA 1898 registered in the name of petitioner no. 1 and Dumper/ Truck no. UK 18 CA 1798 registered in the name of petitioner no. 2, which have been illegally seized by the respondent no. 3, however the respondent no. 2 has already directed for release of the same and have been illegally kept at Chauki Paiga, Police Station I.T.I. Kashipur, District Udham Singh Nagar, else the petitioners will suffer irreparable loss and injury and the same cannot be compensated by any means.” 2. Briefly put, the case of the petitioners is that the petitioners are the owners of the vehicles in question. On 08.03.2018, one Shri Abdul Hameed requested to hire the said vehicles of the petitioners for lifting the soil and the respondent no. 2, vide order dated 08.03.2018, granted permission to him. 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 12.03.2018, the respondent no.3 entered into the land in question and seized the vehicles, however, when the Abdul Hameed shown the permission, the respondent no.3 denied the same and illegally seized the vehicles. Thereafter, petitioners made a request to the respondent no.2 regarding release of the vehicles, which has been illegally seized by the respondent, and the respondent no.2, vide its order dated 17.03.2018, directed the respondent no.3 to release the vehicles and the concerned S.H.O., P.S. I.T.I. Kashipur, vide its letter dated 26.03.2018 recommended for the release of the vehicles. Even after the aforesaid clear directions, the respondent no.3 is not releasing the vehicles of the petitioners. Hence this writ petition. 3. Learned counsel for the petitioners submitted that one Sri Abdul Hameed requested to hire the vehicles of the petitioners for lifting the soil and the respondent no.2 granted permission to the Abdul Hameed for the same. He further submitted that, after grant of permission, the respondent no.3 seized the vehicles, however, Abdul Hameed shown the permission in respect of the same. He further submitted that, after grant of permission, the respondent no.3 seized the vehicles, however, Abdul Hameed shown the permission in respect of the same. He also submitted that the vehicles are duly registered in the Uttarakhand State Transport Department and the petitioners have deposited the Motor Vehicle Tax from 01.11.2017 to 30.04.2018 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 petitioners approach the Thana Incharge, he will release the vehicles mentioned in the order of S.D.M. Kashipur as early as possible, in case the said vehicles are not found involved in any offence. 5. The writ petition is disposed of accordingly.