Court No. - 1 Case :- MISC. BENCH No. - 7138 of 2010 Petitioner :- Vinod Kumar Respondent :- State Of U.P.Through Prin. Secy. Transport Deptt. Lko.And Petitioner Counsel :- Raj Priya Srivastava 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 vehicle namely; ‘Tata Sumo
Spaic’ bearing registration No. U.P.-07-L-8425, which according to the
allegations made in the writ petition, has been seized by the Assistant
Regional Transport Officer (E), Gonda.
It appears that the petitioner has moved an application under Section 207 of
the Motor Vehicles Act, 1988 before the Assistant Regional Transport Officer
(E), Gonda, but no order seems to have been passed by the Assistant Regional
Transport Officer (E), Gonda nor any complaint or Challani report has been
sent to the Chief Judicial Magistrate concerned in respect of the said vehicle.
The relief claimed in the writ petition is that the respondents be either directed
to release the said vehicle or to send Challani report to the Chief Judicial
Magistrate concerned in respect of the vehicle in question.
Having heard the parties, we dispose of the writ petition with a direction to
the Assistant Regional Transport Officer (E), Gonda 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 vehicle 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 :- 29.7.2010
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