Amit Kumar Maurya vs State Of U.P. And 3 Others
2023 Latest Caselaw 4920 ALL

Citation : 2023 Latest Caselaw 4920 ALL
Judgement Date : 14 February, 2023

Allahabad High Court

Amit Kumar Maurya vs State Of U.P. And 3 Others on 14 February, 2023

Bench: Mahesh Chandra Tripathi, Vivek Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 37753 of 2022
 

 
Petitioner :- Amit Kumar Maurya
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ajeet Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Present writ petition has been preferred for a direction to respondent no.2 to recover the vehicle/car, which was illegally possessed by respondent no.4 while the entire amount has been deposited by the petitioner.

At the very outset, learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition on the ground that present writ petition under Art.226 of the Constitution of India has been preferred mainly against respondent no.4 i.e. General Manager, Renault Showroom, P.S. Sahabad Gauhania, Distt. Varanasi, which is not a 'State' under Art.12 of the Constitution and its actions are also not amenable for judicial review under Art.226 of the Constitution of India and as such the writ petition is liable to be dismissed. In support of his submissions, he has placed reliance on the Full Bench decision of this Court in the case of M.K. Gandhi & Ors. v. Director of Education (Secondary) U.P., Lucknow & Ors., 2005 (4) ESC 2265; judgment dated 21.5.2019 passed in Writ-C No.17419 of 2019 (Vipin Pandey v. Shri Ram Transport Finance Company Ltd. & Anr.) and the judgment of Hon'ble the Apex Court dated 12.1.2022 in Civil Appeal Nos.257-259 of 2022 (Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir & Ors.). He further submits that in case the petitioner is aggrieved, he may file civil suit in the matter.

We have proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. The writ petition is accordingly dismissed with liberty to the petitioner to seek remedy before the appropriate civil court having jurisdiction over the matter.

Order Date :- 14.2.2023

SP/