Uttarakhand High Court
WPMS/1651/2021 on 21 August, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
21.08.2021 WPMS No. 1651 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Through Hybrid Mode)
Mr. P.C. Petshali, Advocate for the
petitioner.
Mr. M.S. Bisht, learned Brief Holder
for the State of Uttarakhand.
The petitioner before this Court is the
owner of Tractor, which has been registered
with Regional Transport Office, bearing
registration no. UKO7-AC-2163. His trolley
which was attached to the tractor has been
seized on the premise, that it was engaged in an
illegal mining activity and consequently, an
order to the said effect i.e 29.07.2021, was
passed on the ground that in pursuant to
decision of the Division Bench of this Court
dated 05.03.2019 in Writ Petition (PIL) No. 162
of 2018 Birendra Kumar Pangwal vs. District
Magistrate Dehradun, the trolley which is
attached to the tractor and used for commercial
activities or for carrying minerals, has had to be
registered and this is the observation which has
been made by the Division Bench in para-7 of
the judgment. Para-7 of the judgment is
extracted herein-
7. In the light of the averments in the counter
affidavit, and in as much as trucks and other light motor
vehicles are being permitted to transport Minor
Minerals, the order under review is modified to the
limited extend that tractors with attached trolleys-
trailers, duly registered with the office of the Regional
Transport Officer, and which were hitherto being
permitted by the Uttarakhand Forest Development
Corporation, and the Uttarakhand Forest Corporation
for transportation of Minor Minerals from the allotment
lots of the corporation, shall only be permitted to
transport such minerals strictly in accordance with the
terms and conditions imposed both by the Uttarakhand
Forest Development Corporation and the Uttarakhand
Forest Corporation. Only such of the tractor cum
trolleys, which are registered with the office of
Regional Transport Office as transportation
vehicles, shall be permitted to transport Minerals
from the allotted lots of both the Corporations
subject to such conditions as may be imposed both by
the Uttarakhand Forest Development Corporation and
the Uttarakhand Forest Corporation. The Review
Applications are, accordingly, disposed of. No costs.
The counsel for the petitioners submit
that in the writ petition being writ petition No.
3780 of 2019, Raghuveer Singh Chauhan vs.
District Magistrate, Dehradun & Others, where
also an identical question, with regard to tractor
and trolley, which came up for consideration
and the learned single judge while making
reference to the judgment of the Division
Bench, has disposed of the writ petition with the
direction to the petitioner to approach, the
competent authority who would consider the
releasing of the vehicle in favour of the
petitioner in accordance with law, subject to
imposition of penalty.
In view of the above observation, this
writ petition stands disposed of with the same
terms and condition of the judgment dated
12.12.2019, rendered in writ petition no. 3780
of 2019, Raghuveer Singh Chauhan vs. District
Magistrate, Dehradun & Others.
(Sharad Kumar Sharma, J.)
21.08.2021
Nahid
