Court No. - 27 Case :- MISC. BENCH No. - 970 of 2010 Petitioner :- Manoj Chachra S/O Som Dutt Chachra Respondent :- Union Of India Thru Secy. Finance & Banking & Ors. Petitioner Counsel :- Satyendra Singh Respondent Counsel :- C.S.C.,A.S.G. Hon'ble Devi Prasad Singh,J.
Hon’ble S.C. Chaurasia,J.
Mr. Sanjay Kumar Yadav, Assistant Solicitor General of India files memo on
behalf of opposite party No.1. Learned Chief Standing Counsel has accepted
notice for opposite parties 2 to 4.
Issue notice to the opposite parties 5 and 6 returnable at an early date. Apart
from regular mode of service, liberty is given to the petitioner to serve the
respondents 5 and 6 outside the Court for which office shall provide necessary
notice to the petitioner’s counsel.
List on 25.2.2010.
It has been stated by the learned counsel for the petitioner that the opposite
parties 5 and 6 have forcibly taken away the truck from the petitioner’s
possession in utter violation of law laid down by the Hon’ble Supreme Court
in the case reported in AIR 2007 SC 1349 Manager, ICICI Bank Limited
versus Prakash Kaur and others. The submission is that the petitioner has
been dispossessed from his vehicle by the musclemen who are associates of
the respondents 5 and 6.
The petitioner has also submitted a representation to the authorities with
regard to unlawful activities of the respondents 5 and 6. A copy of the
applications submitted for registration of the F.I.R. has been filed as
Annexures 5 to 7 to the writ petition.
Accordingly, the opposite parties 3 and 4 are directed to register a First
Information Report on the complaint submitted by the petitioner immediately
and hold an enquiry in accordance with law against the opposite parties 5 and
6. Let the status report be submitted by the next date of listing.
The vehicle seized from the petitioner’s possession shall not be sold or
transferred in any manner by the respondents 5 and 6 till the next date of
listing.
Order Date :- 4.2.2010
kkb/