Akash Keshwani vs The State Of Madhya Pradesh
2023 Latest Caselaw 1007 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                             ON THE 17 th OF JANUARY, 2023
                                            WRIT PETITION No. 1064 of 2023

                          BETWEEN:-
                          AKASH KESHWANI S/O SHRI SANJAY KESHWANI, AGED
                          ABOUT 25 YEARS, OCCUPATION: BUS OPERATOR, R/O
                          333/5 SOUTH CIVIL LINE JABALPUR, DISTRICT
                          JABALPUR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI ANAND SHUKLA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY GOVERNMENT OF
                                MADHYA PRADESH, TRANSPORT DEPARTMENT,
                                MANTRALAYA, VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    THE TRANSPORT COMMISSIONER OF MADHYA
                                PRADESH, HURRA HILLS GWALIOR (MADHYA
                                PRADESH)

                          3.    THE      REGIONAL       TRANSPORT     OFFICER,
                                J A B A LPU R , DISTRICT JABALPUR     (MADHYA
                                PRADESH)

                          4.    THE DISTRICT TRANSPORT OFFICER, SEONI,
                                DISTRICT SEONI (MADHYA PRADESH)

                          5.    OFFICE IN CHARGE, TRANSPORT CHECK POST
                                KHAWASA, DISTRICT SEONI (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI A.K. SHARMA - GOVT. ADVOCATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: SMT. GEETHA
NAIR
Signing time: 1/17/2023
6:19:51 PM
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                                                               ORDER

Learned counsel for the petitioner by the instant petition has raised the grievance with respect to the seizure of his vehicle by Annexure P/3.

Learned counsel for the petitioner submits that it is shown in the seizure memo that the vehicle is being seized under the provisions of Section 16(3) of Motoryan Karadhan Adhiniyam, 1991 and also the provisions of Motor Vehicle Act, 1988. He submits that there is a specific format prescribed under the provisions of Section 16(3) of Karadhan Adhiniyam but that has not been followed. He submits that there are the judgments of this Court holding that if vehicle is seized under Section 16(3) of the Act proceeding has to be initiated

under the specific format prescribed under the Karadhan Adhiniyam itself; but if that is not done, the seizure memo is quashed by the Court and liberty is granted to the authority to proceeding further in accordance with law.

Shri A.K. Sharma, Government Advocate, on the other hand, has not disputed the legal position.

Considering the aforesaid, I am inclined to allow this petition setting aside the order of seizure of the vehicle of the petitioner that is M.P.-20-PA-3000 with a liberty to the authority to proceed further in accordance with law, if they so required.

With the aforesaid liberty, this petition stands allowed. Certified copy as per rules.

(NANDITA DUBEY) JUDGE gn

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 1/17/2023 6:19:51 PM