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Sachchita Nand Dubey v. State Of U.P. And Others - WRIT - A No. 13245 of 2006 [2006] RD-AH 5138 (3 March 2006)


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Civil Misc. W.P. No.  13245 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The vehicle of the petitioner has been seized on account of certain alleged shortcomings. According to the petitioner, these shortcomings are not present and he can demonstrate before the transport authorities under section 207 or before the Magistrate, if the matter is sent to the Magistrate by the transport authorities that these shortcomings did not exist. The petitioner further submits that if any shortcoming is found, the petitioner is prepared to pay whatever fine is imposed for the shortcoming.

In the circumstances, we dispose of this writ petition finally requiring the Regional Transport Authority, Mirzapur, respondent No. 2, to consider the application for release of the vehicle of the petitioner by a reasoned order after considering the documents submitted by the petitioner to show that the shortcomings pointed out in the seizure memo did not exist, within 15 days from the date on which certified copy of this order is submitted along with the details of the application for release supported by photocopies of the relevant documents.

In the alternative, the respondent No. 2 will send the matter to the Court of the concerned Magistrate within the same period of 15 days and in that event, it will be open to the petitioner to apply for release before the concerned Magistrate.  

Dated : March 3, 2006



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