High Court of Judicature at Allahabad
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Rahmatullah & Others v. State Of U.P. & Others - WRIT TAX No. 1393 of 2006  RD-AH 15492 (6 September 2006)
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.
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