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2018 DIGILAW 289 (UTT)

Yunus v. State of Uttarakhand

2018-05-24

V.K.BIST

body2018
JUDGMENT : 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 and commanding the respondents to release the petitioner’s vehicle/Bollero Car No. UP 21 BH 8686 in favour of the petitioner.” 2. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of Bollero Car bearing registration No. UP 21 BH 8686. It is stated that, on 23.04.2018 when the petitioner parked his vehicle at Kashipur on the road side, S.H.O. Police Station I.T.I. illegally seized the vehicle as “Unclaimed”. Thereafter, petitioner moved a representation dated 19.05.2018 before the Sub Divisional Magistrate, Kashipur for the release of the vehicle. It is alleged that the petitioner also moved an application before the S.S.P., Udham Singh Nagar for doing the needful in the matter; but all in vain. Hence, this writ petition. 3. 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 23.04.2018 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. 4. Learned Assistant Government Advocate admitted the facts what has been stated by the learned counsel for the petitioner. 5. 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. 6. Considering the above-stated facts, it is directed that in case petitioner approaches the Competent Court/Competent Authority, who is competent to take decision, for the release of his vehicle by way of filing an application within a period of one week from today, the Competent Court/Competent Authority shall decide the same, in accordance with law, within a period of ten days from the date of filing of representation along with the certified copy of this order. The Competent Court/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 Court/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 Court/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. 7. The writ petition is disposed of accordingly.