WPMS/1556/2022
2022 Latest Caselaw 2111 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

13th JULY, 2022 WRIT PETITION (M/S) No. 1556 OF 2022 Between:

Nawab                               .......Petitioner

and

State of Uttarakhand and others.                              ....Respondents


Counsel for the petitioner          :   Mr. Ankur Sharma, learned counsel.

Counsel for the respondents         :   Mr. K.N. Joshi, learned Brief Holder for
                                        the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

Issue notice.

2. Mr. K.N. Joshi, learned Deputy Advocate General

for the State of Uttarakhand/ respondents, accepts notice.

3. The limited prayer of the petitioner is to direct the

respondents to release Vehicle No. HR-71G-0488, having

Engine No. 4100EL83B706085F-16, which has been seized

by the respondents under the order of the Sub Divisional

Magistrate, Vikas Nagar, Dehradun dated 20.05.2022.

4. Mr. Ankur Sharma, learned counsel for the

petitioner, on instructions, states that the petitioner is ready

and willing to deposit the penalty amount. However, the

respondents have not yet communicated the penalty amount and, therefore, the same is not being deposited,

which is now taken as a ground for not releasing the

petitioner's vehicle.

5. We dispose of this writ petition with a direction to

the respondents to communicate to the petitioner the

penalty and fine, which he is required to deposit for release

of the aforesaid vehicle. The same be communicated to the

petitioner within a week. As soon as the petitioner deposits

the amount demanded, the vehicle of the petitioner be

released forthwith in his favour.

6. Let certified copy of this order be supplied to the

parties, on payment of the usual charges, today itself.

7. In sequel thereto, pending application, if any, also

stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 13th July, 2022 Rathour