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2022 Supreme(All) 296

SURYA PRAKASH KESARWANI, JAYANT BANERJI
Calcutta South Transport Co. – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aloke Kumar.

JUDGMENT :

1. Heard Shri Aloke Kumar, learned counsel for the petitioner and Shri B.P. Singh Kachhawaha, learned Standing Counsel for the State/respondents.

2. This writ petition has been filed praying for the following reliefs:

    “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no. 2 to release the Vehicle No. HR-55S-1171 [so detained by the order dated 14.10.2020] of the petitioner.

(ii) Issue any other suitable writ, order or direction in favour of the petitioner as this Hon'ble High Court may deem fit and proper under the facts and circumstances of the case.

(iii) Award the cost of the petition to the petitioner.”

3. Briefly stated facts of the present case are that the petitioner is the owner of truck bearing Registration No. HR-55S-1171. The petitioner is engaged in the business of leasing trucks and other vehicles on hire/fixed freight basis to various transporting entities. In the course of its business, the petitioner has given on hire the aforesaid truck in question to one M/s Aruna Chaleswara Transport Company (hereinafter referred to as the ‘hirer’) for the purpose of transportation of goods from Delhi to Vijayawada (Andhra Prad

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