Allahabad High Court
Sanjay Pandey vs State Of U.P. And Others on 30 May, 2011
Bench: Satya Poot Mehrotra, Ashok Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - C No. - 32287 of 2011
Petitioner :- Sanjay Pandey
Respondent :- State Of U.P. And Others
Petitioner Counsel :- S.D. Kautilya,Rajjan Singh
Respondent Counsel :- C.S.C.
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Ashok Srivastava,J.
The present Writ Petition has been filed making the following prayers:
"I. Issue the writ, order or direction in the nature of certiorari quashing the impugned order dated 21.5.2011 passed by respondent no. 3, (Annexure no. 7 to this Writ Petition).
II. Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents not to give effect the impugned order dated 21.5.2011 passed by respondent no. 3, (contained as Annexure no. 7 to this Writ Petition).
III. Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents release the five loaded tractors with sand having its vehicle number UP61C 5187 and U.P.61C 0313 and UP60E 7082, and UP61N 2148 and UP61A 2605 in favour of the petitioner which were deployed by the petitioner for the excavation of sand.
IV. Issue such other further writ order or direction which this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case.
V. Award the costs of the petition to the petitioner."
As per the averments made in the Writ Petition, the petitioner was granted Licence for excavation of sand from various gatas mentioned in paragraph 3 of the Writ Petition. MM-10 (Annexure 1 to the Writ Petition) has been issued in this regard wherein the period of Licence has been mentioned with effect from 24.2.2011 to 23.5.2011.
The petitioner was excavating sand from the gatas in question and was transporting the same on Tractors along-with relevant Form MM-11.
By the Order dated 21st May, 2011 (Annexure 7 to the Writ Petition), 5 Tractors of the petitioner were seized on the ground that the Tractor-Driver showed MM-11 wherein Registration Number of the Tractor was not mentioned, which was prima-facie not in accordance with rules. The seizure of the Tractors has been made while inquiry would be made in the matter of the petitioner.
The grievance of the petitioner is that the Tractors of the petitioner have been seized without giving any opportunity of being heard to the petitioner.
The petitioner has made a Representation dated 22.5.2011 (Annexure 8 to the Writ Petition) before the District Magistrate, Ghazipur (respondent no.3) for redressal of his grievance.
We have heard Shri Prabhakar Dwivedi, holding brief for Shri S.D. Kautilya, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos. 1 to 6.
Having regard to the facts and circumstances of the case mentioned above, and keeping in view the nature of controversy involved in the present Writ Petition, we are of the opinion that the interest of justice would be subserved, in case the respondent no.2 (District Magistrate, Ghazipur) is directed to decide the representation made by the petitioner within a specified period.
We accordingly dispose of the Writ Petition with the following directions:
(1) Within four weeks from today, the petitioner will submit an Application before the respondent no.2 (District Magistrate, Ghazipur) along-with a copy of his Representation dated 22.5.2011 (Annexure 8 to the Writ Petition) and a certified copy of this order.
(2) On receipt of the documents mentioned above, the respondent no.2 (District Magistrate, Ghazipur) will decide the Representation of the petitioner by passing a reasoned and speaking order in accordance with law after giving reasonable opportunity of being heard to the petitioner expeditiously, preferably within a period of six weeks of the receipt of the said documents.
The Writ Petition stands disposed of accordingly with the aforesaid directions and observations.
Order Date :- 30.5.2011
Ajeet
