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1996 Supreme(Pat) 189

NARESH KUMAR SINHA
Anil Kumar Gupta – Appellant
Versus
State Of Bihar – Respondent


Judgment

Naresh Kumar Sinha, J.

1. This application, filed under Articles 226 and 227 of the Constitution of India is for quashing the orders dated 25.11.93 (Annexure-5), 23.1.94 (Annexure-8) and 8.8.94 (Annexure-10) and for issue of a writ of mandamas commanding the respondents to release truck bearing registration no. UP77-9929 to the petitioner.

2. The facts relevant for disposal of the application may briefly be stated. The petitioner is a resident of Kanpur and he is the owner of a truck bearing registration no. UP-77-9929. The truck in question was plying as a public goods carrier. On 2.10.93 the truck left Kanpur for Patna with potato bags. The consignment was loaded through Kailash Goods Carrier, Kanpur, and after unloading the consignment at Patna the driver Sri Ram Naresh Sharma was under instruction to go to Jharia for loading coal and for its carriage from Jharia to Kanpur. The petitioner received a notice from the Divisional Forest Officer, Koderma, (respondent no.4) vide his letter no.2225 dated 8.10.93 calling upon him to show cause as to why the truck be not confiscated for carrying Khair wood in an illegal manner. The petitioner who thereafter appeared before respon










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