SCA/832120/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8321 of 2008 ========================================================= ANVAR AHMED GULZAR AHMED - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR RAMKRISHNA B DAVE for Petitioner(s) : 1, MS BHAVIKA KOTECHA, AGP for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 01/08/2008 ORAL ORDER
Leave
to correct the prayer (B) for release of the trailer, instead of
grader.
The
petitioner has preferred the present petition for appropriate
direction, directing respondent No.3 to release the trailer after
off-loading the grader near the check post.
Heard
Mr.Dave, learned Counsel for the petitioner and Ms.Kotecha, learned
AGP for the respondent authorities.
Upon
hearing the learned Counsel appearing for both the sides, it appears
that the petitioner is desirous to get the permission for
off-loading of the grader lying inside the trailer and the
petitioner is seeking release of the trailer and it is also the
contention of the petitioner that the petitioner is ready to pay the
penalty which may be imposed by the RTO authorities upon the trailer
for loading of the material exceeding the specified dimension. He
also submitted that so far as the penalty upon the grader is
concerned, the same may be recovered from the owner of the grader.
In furtherance to the submission, he relied upon the order of the
Division Bench of this Court (Coram: M.S. Shah, J. and Ravi R.
Tripathi, J.) dated 7.12.2007 passed in Special Civil Application
No.29101 of 2007.
The
learned AGP is not in a position to show any distinguishing
circumstances than the course, which was considered and recorded by
the Division Bench in the above referred decision.
Under
these circumstances, the following directions:-
(1) The
petitioner shall be permitted to off-load the grader at the check
post and the trailer shall be permitted to be released if the
petitioner pays the penalty for loading of the material exceeding
the specified dimension/over dimension.
(2) The
authority shall be at liberty to undertake the procedure in
accordance with law for recovering the penalty from the owner of the
grader as permissible in law.
(3) It
would be open to the authority to hold inquiry as required to the
aforesaid extent and the necessary order shall be passed, including
the return of the documents to the petitioner after payment of the
penalty for compounding of the offence.
The
petition is disposed of in terms of the aforesaid. No order as to
costs.
1.8.2008 (Jayant Patel, J.) vinod