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2023 Supreme(Chh) 387

PARTH PRATEEM SAHU
Singh Travels Through Its Proprietor Sanjay Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shailendra Kumar Bajpai, Advocate
For the Respondent:Mr. R.K. Bhagat, Dy. Govt. Advocate

ORDER :

1. Petitioner has filed this petition seeking following relief (s) :-

    “10.1 The Hon’ble Court may kindly be graciously pleased to issue a writ of certiorari quashing the illegal seizure memo dated 04.06.2022 (Annexure P-3) passed by Respondent No.3.

10.2 The Hon’ble Court may kindly be pleased to issue a writ of mandamus commanding the respondent No.3 to release the vehicle of the petitioner bearing registration No.C.G.-10-AY/6705.

2. Any other relief, which this Hon’ble Court deems fit in the circumstances of the case, may also be granted to the petitioner together with the cost of this writ petition.”

3. Facts relevant for disposal of this petition are that petitioner is owner of a bus bearing No. C.G.-10AY-6705, which was seized by respondent No.3 vide vehicle seizure memo dated 04.06.2022 under the provisions of Section 207 of the Motor Vehicle Act, 1988 (In short ‘the Act of 1988’) and Section 16 (3) of the C.G. Motoryan Karadhan Adhiniyam, 1991 (In short ‘the Act of 1991’).

4. Learned counsel for petitioner submits that petitioner who is owner of Bus through his employee tried to apply for online special permit and to pay the tax but due to some technical glitch process co

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