WPMS/3121/2023
2023 Latest Caselaw 3434 UK

             Office Notes,
SL.   Date      reports,
No.            orders or                COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             WPMS No.3121 of 2023
                             Hon'ble Rakesh Thapliyal, J.

1. Mr. Shashank Saun, learned counsel appears for the petitioner.

2. Mr. V.D. Visen, learned Brief Holder for the State.

3. The petitioner has contended in the present writ petition that he is the registered owner of the Tractor Trolley bearing Registration No.UK 07 AN 7598 (Tractor-trolley Agriculture). The said Tractor Trolley, on the date of the incident i.e. on 27.09.2023, was seized by the competent authorities, on the ground that the Tractor Trolley was alleged to have been found engaged in carrying the minor minerals illegally, and hence, it was seized.

4. Learned counsel for the petitioner has submitted that application, which had been submitted by him, for the release of the vehicle, has been rejected, but the said order of rejection on the release application runs contrary to the judgments, which has been rendered by the coordinate Bench of this Court, wherein, under an identical set of circumstances where the vehicle was found to be engaged in the illegal mining activities, or is found to be engaged transporting the minor minerals illegally, and as well as in contravention to the parameters which had been laid down by the judgment of the Division Bench dated 05.03.2019, as rendered in Writ Petition (PIL) No.162 of 2018, "Birendra Kumar Pegwal Vs. District Magistrate, Dehradun & others", where the Court has observed, that the seizure of the vehicle for its alleged involvement of carrying illegal mining, it may not conducive to keep the vehicle seized, as it was resulted into its depreciation of its value and gets damaged completely.

5. The petitioner's tractor has been seized by the respondent Authorities, as it was found that the tractor was being used for illegal mining purposes. This order has also been passed in view of the decision of the Division Bench of this Court dated 26.10.2018 passed in a Public Interest Litigation being Writ Petition (PIL) No.162 of 2018, where the tractors were prohibited for any other use but for agricultural purposes. This part of the order, however, was subsequently modified by the Division Bench by order dated 05.03.2019, which reads as follows:-

"6. The petitioner's complaint, in this review application, is that the Division Bench had erred in proceeding on the premise that all tractors, with attached trailers, were to be used only for agricultural purposes; on fulfilment of certain conditions, certain tractors attached with trailers/trolleys were also registered as transportation vehicles; and, since the entire basis for prohibiting the use of tractor trolleys is that these tractors are to be used only for agricultural purposes, the order of Division Bench necessitates review. It is evident from Rules 173 and 174 (1) that certain trailers attached to tractors are also used as transport vehicles, under certain circumstances, provided they are registered as such with the office of Regional Transport authority.

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 Corporation 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."

6. In pursuance of both the orders i.e. order dated 26.10.2018 and 05.03.2019, it is clear that only such tractors cum trolleys, which are duly registered with the office of R.T.O. and are being permitted by the Uttarakhand Forest Development Corporation and Uttarakhand Forest Corporation, shall be permitted for transportation of minerals from the allotted lots of both the Corporations in accordance with law.

7. The only reason assigned by the authorities for not releasing the vehicle in favour of the petitioner is that there are certain orders of this Court passed in a Public Interest Litigation.

8. Be that as it may, the fact remains that there are statutory provisions under which on certain conditions the vehicle can be released.

9. In view thereof, the writ petition is disposed with the direction that if the petitioner pays the penalty and fines as imposed by the authorities, the concerned authority shall consider releasing the vehicle in favour of the petitioner in accordance with law.

10. In view of the above the writ petition stands disposed of, subject to the aforesaid directions.

(Rakesh Thapliyal, J.) 09.11.2023 Arti