WPMS/2752/2021
2021 Latest Caselaw 5252 UK

   IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
        ON THE 21ST DAY OF DECEMBER, 2021
                                 BEFORE:
       HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 2752 of 2021

BETWEEN:
Nadeem Khan.                                                    ...Petitioner
       (By Mr. Rajveer Singh, Advocate)

AND:

Sub Regional Transport Office Haridwar                     ...Respondents
       (By Mr. G.S. Negi, Addl. C.S.C. for the State of Uttarakhand)


                              JUDGMENT

Petitioner's bus has been seized by Assistant Regional Transport Officer, Haridwar on certain grounds, including that the driver is under age. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:-

"(a) A writ, order or direction in the nature of mandamus directing the Respondent No. 1 to release the vehicle Bus bearing registration No. U.P. 33A9366 Engine No. AD21K83291 of the petitioner.

(b) A writ, order or direction in the nature of

exempt the Tax of the vehicle Bus bearing registration No U.P. 33A9366 Engine No AD21K83291 of the petitioner from the date of its seizure till the date of its release.

(c) Issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

(d) Issue a writ, order or direction in the nature of Certiorari quashing impugned order dated 04.03.2021 passed by the respondent, (Containing Annexure No. 3).

(e) Issue a writ, order or direction in the nature of Certiorari quashing impugned Tax report, of demand Rs. 211064.0 (Containing Annexure No.

3).

(f) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1 decide the representation dated 01.09.2021 of the petitioner."

2. In view of availability of alternative remedy to the petitioner, this Court is not inclined to entertain this writ petition.

3. Learned counsel appearing for the petitioner submits that petitioner has made a representation to Assistant Regional Transport Officer, Haridwar, which may be directed to be decided.

4. Having regard to the facts of the case, the writ petition is disposed of with direction to Assistant Regional Transport Officer, Haridwar to consider petitioner's representation and pass appropriate order, as per law, within two months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin