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SCA/5774/2005 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5774 of 2005
For
Approval and Signature :
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=============================================================
HARJIBHAI
SAMAJIBHAI PATEL - Petitioner(s)
Versus
M.V.ZALA
POLICE SUB INSPECTOR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DJ BHATT for
Petitioner(s) : 1,
MR JK SHAH, LD.ASST.GOVERNMENT PLEADER for
Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/02/2010
ORAL
JUDGMENT
By
way of present petition, the petitioner
has inter alia prayed for quashing and setting aside the order dated
15th March 2005 passed by the respondent
No.1 under Section 207 of the Motor Vehicle Act; declaring the
detention of vehicle without authority and unauthorised and for
directing the respondent no.1
to pay compensation of Rs.5070/- per day from the date of detention
i.e. 15th March 2005 till the actual release of the
vehicle bearing No.GJ-12-T-4375.
When
this matter came up for hearing on 14th June 2005, this
Court has passed the following order :
The
matter has already been admitted. The learned Counsel appearing for
the petitioner
submitted that in pursuance of detention under sub-section 1 of
Section 207, an application under Sub-Section 2 of Section 207 of the
Motor Vehicles Act, 1988 shall be preferred by the petitioner
to the respondent authority or any other officer authorized by the
State Government for detention/ seizure of the vehicle in question.
As the petitioner
has not approached the authority as per the sub-section 2 of section
207, till then the interim relief is refused.
During
the course of hearing, Mr.J.K. Shah, learned Assistant Government
Pleader, has pointed out that till date, no such application as
indicated in the aforesaid order has been made by the petitioner
and even the learned advocate for the petitioner has
admitted the said aspect.
Thus,
when the petitioner
has not made any statutory application for release of his vehicle
under the provisions of the Act, it will not be possible for this
Court to entertain this petition since the prescribed procedure for
getting compensation has not been followed by the petitioner.
In
view of aforesaid, the present petition fails and is, accordingly,
dismissed. Rule is discharged with no order as to costs. The interim
relief, if any, stands hereby vacated.
(K.S.
Jhaveri, J)
Aakar
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