Shishan Pal vs State of Haryana - 2024 Supreme(P&H) 1173

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1173

KULDEEP TIWARI
Shishan Pal – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Parties : Mr. Karan Bhardwaj, Adv. , Mr. Rajesh Gaur AAG, Haryana.

JUDGMENT :

(Kuldeep Tiwari, J.)

Through the instant petition, filed under Section 528 of BNSS, 2023, a prayer is made for issuance of mandamus to official respondents No.1 to 3, to take necessary steps to the effect that no obstruction is caused by private respondents No. 4 and 5, in plying of the vehicle of the petitioner, as private respondents No. 4 and 5, are making an attempt to take forcibly possession of the vehicle through their henchmens.

2. Learned counsel for the petitioner on asking for the relief (supra), has placed reliance upon Manager, ICICI Bank Ltd. vs. Praksh Kaur and others, 2007(2) R.C.R. (Criminal) 76, and ICICI Bank vs. Shanti Devi Sharma and others, 2008(3) R.C.R. (Criminal) 463, and submits that the recovery of loan or seizure of vehicles could be done only through legal means.

3. Without issuing notice of motion in the instant petition, a mandamus is passed upon the official respondents No.1 to 3, to take all necessary steps to the effect that no obstruction in plying of the vehicle of the petitioner, should be caused on the part of private respondents No.4 and 5, without adhering to the procedure of law.

4. Disposed of accordingly.

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