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2021 Supreme(Del) 431

SANJEEV SACHDEVA
RAHUL KUMAR – Appellant
Versus
EAST DELHI MUNICIPAL CORPORATION – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mitthan Lal Gupta, Advocate.
For the Respondent:Mr. Amit Sinha, Advocate

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Petitioner seeks a writ of mandamus thereby directing the respondent to release the vehicle of the petitioner bearing registration no. DL-ILAA- 4046 (TATA 407).

2. As per the petitioner, the petitioner is the registered owner of the above referred vehicle, which is financed by HDFC Bank and petitioner is still to repay the loan amount to the bank. Petitioner uses the said vehicle for transporting goods on payment basis.

3. It is contended that on 21.01.2021, said vehicle was parked in front of the house of the petitioner in an open park and some goods were lying; kept beside the vehicle. The officials of the respondent came and put a clamp on the wheel of the said vehicle and seized the goods.

4. It is alleged that petitioner approached the Officers of the respondent for removal of the clamp and release of the goods. A challan of Rs. 11,400/- was issued which was paid on 22.01.2021. No explanation was given as to why the vehicle was clamped but petitioner was advised to visit the office of the respondent to get his vehicle released.

5. It is contend

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