1. Petitioner is the owner of a public, carrier truck No. HR 55/1330 and while it was carrying for the work undertaken by the Company, cable wiring, machines and other articles and equipments to Bahadurganj in district-Kishanganj being the worksite of the petitioner-Company, the truck was seized by District Transport Officer (DTO), Purnea, respondent No. 2 who is respondent No. 3, in person at Zero Mile, Gulab Bagh in the district of Purnea on 4.4.2007. The writ petition was filed on 25.7.2007 as by then the said respondent had merely held back the truck seized and was not releasing the same. Thus, the writ application was ostensibly filed for release from illegal seizure and compensation for long, illegal detention of the truck. In course of the proceedings on 8.11.2007, a counter affidavit was filed by respondent No. 2, the DTO, Purnea and on prima facie satisfaction of this Court that the authority had acted willfully mala fide, he (DTO, Purnea) was directed to be added as party by name and notices were issued to him to show cause why pecuniary damages be not ordered for recovery from him for mala fide exercise of authority and in the meantime, he was directed to release