Rajkumar Nishad vs State Of U.P. And 2 Others
2021 Latest Caselaw 8166 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 
Case :- WRIT - C No. - 23087 of 2020
 
Petitioner :- Rajkumar Nishad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sarvodaya Singh
 
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Sarvodaya Singh, learned counsel for the petitioner and learned Standing counsel.

The present writ petition has been filed for the following reliefs:-

"1) Issue a, Writ, Order or Direction in the nature of Mandamus Commanding/directing the , Respondent no.3, Branch Manager, Indusind Bank Limited Adarsh Square. S.P. Marge, Civil Lines, Prayagraj (U.P.) to release the Tractor Engine No. 3224E62193H. chassis NO. 926514158036, Vehicle No. U.P. NO. EH8233, and a sum of Rs. 36,000/- (cost of sand) of the petitioner with immediate effect.

It reflects from the record that the petitioner had taken a loan amounting to Rs. 4,00,000/- (four lacs) for purchasing Tractor but due to some reason, he could not repay the same, therefore, the Bank has taken the Tractor of the petitioner into its custody.

Learned counsel for the respondent has made a preliminary objection that this writ petition is not maintainable against the contesting respondent as it is not State within the meaning of State under Article 12 of the Constitution. Further it has not been pointed out that there is any statutory violation.

Learned counsel for the respondent has placed reliance on Division Bench's Judgment in Writ Petition No. 66283 of 2010 (Dharmendra Kumar Yadav Vs. Manager, Commercial Auto Sales (P) LTd) decided on 6.12.2010 and Writ C No. 9964 of 2011, Brij Bhushan Rai Vs. Union of India and others decided on 21.2.2011.

In view of the above, present petition is dismissed as not maintainable.

However, it is open to the petitioner to take recourse to remedy as available under law.

Order Date :- 16.7.2021/Akbar