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RAHMATULLAH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Rahmatullah & Others v. State Of U.P. & Others - WRIT TAX No. 1393 of 2006 [2006] RD-AH 15492 (6 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. Writ Petition No. 1393 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The petitioners' contention is that the vehicle papers had been surrendered and the vehicle was standing at the place fixed while accepting surrender,  and that the vehicle was taken away from there by the respondents. The contention of the respondents is that despite surrender of papers, the vehicle was found being plied illegally.

This is a highly disputed question of fact, which can not be resolved in writ jurisdiction. The petitioner has not availed of the appropriate remedy seeking release of the vehicle under section 207 of the Motor Vehicles Act, 1988, but has chosen to file this misconceived writ petition straight away.

The writ petition is accordingly dismissed.

Dated: 6.9.2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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