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2006 Supreme(All) 1266

B.S.CHAUHAN, DILIP GUPTA
GYAN PRAKASH MISHRA – Appellant
Versus
ASSTT. REGIONAL TRANSPORT OFFICER-II (ENFORCEMENT) ALLAHABAD – Respondent


Advocates appeared:
A.R. Dube for the Petitioner; C.K. Rai, S.C., for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the Seizure Memo dated 21.3.2006 (Annex. 1) by which in exercise of power under Section 207 of the Motor Vehicles Act, 1988 (hereinafter called the Act), the vehicle has been seized by the Transport Authority, for the reason that colour of the vehicle is as of the vehicle belonging to U.P. State Road Transport Corporation (hereinafter called U.P.S.R.T.C.).

2. The facts and circumstances giving rise to this case are that petitioner is registered owner of Vehicle No. UP-70- AT- 2463 (bus) which is being plied by the petitioner on the basis of temporary permits granted in his favour by the Transport Authorities from time to time.

On 21st March, 2006, the vehicle was seized by the respondent No. 1 as the vehicle was having the colour as that prescribed for U.P.S.R.T.C. buses. The petitioner filed an application for release of the vehicle on 17.4.2006. However, the same is not being considered. Hence this petition.

3. Shri Anant Ram Dube, learned Counsel appearing for the petitioner has submitted that seizure of the vehicle itself is illegal as it has not violated any condition of permit; neither the v




















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