Court No. - 1 Case :- MISC. BENCH No. - 6635 of 2010 Petitioner :- Varuna Road Lines Pvt. Ltd., Respondent :- Asstt. Regional Transport Officer Barabanki & Anr. Petitioner Counsel :- S.K. Jaiswal Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner and the learned counsel for the
respondents.
The petitioner claims to be the owner of the vehicles bearing registration Nos.
HP-47/B-5158, HP-47/B-1576 and HP-47/B-1009 (Truck), which according
to the allegations made in the writ petition, has been seized by the Assistant
Regional Transport Officer (Enforcement/Administration), Barabanki.
It appears that the petitioner has moved an application under Section 207 of
the Motor Vehicles Act, 1988 before the Assistant Regional Transport Officer
(Enforcement/Administration), Barabanki, but no order seems to have been
passed by the Assistant Regional Transport Officer, Barabanki, nor any
complaint or Challani report has been sent to the Chief Judicial Magistrate
concerned in respect of the said vehicles.
The relief claimed in the writ petition is that the respondents be either directed
to release the said vehicles or to send Challani report to the Chief Judicial
Magistrate concerned in respect of the vehicles in question.
Having heard the parties, we dispose of the writ petition with a direction to
the Assistant Regional Transport Officer (Enforcement/Administration),
Barabanki to consider and dispose of the petitioner’s application under Section
207 of the Motor Vehicles Act, 1988 within a period of one week, from the
date a certified copy of this order is produced before him. It is made clear that
either the vehicles may be released on such terms and conditions as are found
proper, or, if necessary, complaint/Challani report may be sent to the Chief
Judicial Magistrate, concerned, within the same period.
With the above directions, the writ petition is finally disposed of.
Order Date :- 16.7.2010
Sachin