WPMS/663/2022
2022 Latest Caselaw 1234 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  WPMS No. 663 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Ankur Sharma, Advocate, for the petitioner.

Mr. V.D. Bisen, Brief Holder, for the State of Uttarakhand.

The petitioner's Tractor Trolley bearing registration No. U.P-11-BB-3227 has been seized for its alleged involvement in an act of illegal mining activities in violation of Rules 13 of the Mines and Mineral Rules. The same is being sought to be released by filling an application before S.D.M. Vikas Nagar, Dehradun, which has been rejected on 28th March, 2022.

Seeking release of the vehicle, the learned counsel for the petitioner has made reference to a number of judgments, rendered by the Coordinate Benches of this Court, whereby, condition for release of the vehicle was subjected to deposit of the penalty.

The copy of the seizure and the Police report of 27th May, 2022, does not show the quantification of any actual penalty, which has been imposed upon the petitioner.

In that eventuality, before passing any order for release of the tractor trolley, a certain security amount is required to be deposited with the respondents, to balance the equities.

In these circumstances, where the seizure order itself does not speak of having imposed any penalty, being imposed on the petitioner, the Sub Divisional Magistrate, Vikas Nagar, Dehradun, is directed to assess the value of the seized vehicle through a competent valuers of the seized vehicle and submit his report within a period of three weeks from today.

List this Writ Petition immediately after three weeks or as soon as the report is submitted by the Sub Divisional Magistrate.

(Sharad Kumar Sharma, J.) Dated 19.04.2022 Shiv