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2021 Supreme(UK) 491

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Nadeem Khan - Appellant
Versus
Sub Regional Transport Office Haridwar - Respondent
Writ Petition (M/S) No. 2752 of 2021
Decided On : 21-12-2021

Advocates Appeared:
Rajveer Singh, Advocate, G.S. Negi, Advocate

Availability of alternative remedy and consideration of petitioner's representation influenced the Court's decision.

Headnote:

Seizure - Petitioner's bus - Court directs consideration of petitioner's representation

Fact of the Case:

The petitioner's bus was seized by the Assistant Regional Transport Officer on grounds including that the driver was underage. The petitioner sought various reliefs including the release of the vehicle, exemption of tax, and quashing of the impugned orders.

Finding of the Court:

The Court declined to entertain the writ petition due to the availability of alternative remedy. However, it directed the Assistant Regional Transport Officer to consider the petitioner's representation and pass an appropriate order within two months.

Issues: Availability of alternative remedy, consideration of petitioner's representation

Ratio Decidendi: The Court's decision was influenced by the availability of alternative remedy and the petitioner's representation to the Assistant Regional Transport Officer.

Final Decision: The writ petition was disposed of with a direction to the Assistant Regional Transport Officer to consider the petitioner's representation and pass an appropriate order within two months.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner's bus has been seized by Assistant Regional Transport Officer, Haridwar on certain grounds, including that the driver is under age. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:-

    "(a) A writ, order or direction in the nature of mandamus directing the Respondent No. 1 to release the vehicle Bus bearing registration No. U.P. 33A9366 Engine No. AD21K83291 of the petitioner.

    (b) A writ, order or direction in the nature of mandamus directing the Respondent No. 1 exempt the Tax of the vehicle Bus bearing registration No U.P. 33A9366 Engine No AD21K83291 of the petitioner from the date of its seizure till the date of its release.

    (c) Issue any writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

    (d) Issue a writ, order or direction in the nature of Certiorari quashing impugned order dated 04.03.2021 passed by the respondent, (Containing Annexure No. 3).

    (e) Issue a writ, order or direction in the nature of Certiorari quashing impugned Tax report, of demand Rs. 211064.0 (Containing Annexure No. 3).

    (f) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1 decide the representation dated 01.09.2021 of the petitioner."

    2. In view of availability of alternative remedy to the petitioner, this Court is not inclined to entertain this writ petition.

    3. Learned counsel appearing for the petitioner submits that petitioner has made a representation to Assistant Regional Transport Officer, Haridwar, which may be directed to be decided.

    4. Having regard to the facts of the case, the writ petition is disposed of with direction to Assistant Regional Transport Officer, Haridwar to consider petitioner's representation and pass appropriate order, as per law, within two months from the date of production of certified copy of this order.

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