Rajasthan High Court - Jaipur
Lalita Devi W/O Shri Krishna Mururi ... vs State Of Rajasthan on 18 July, 2022
Author: Birendra Kumar
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 369/2022
Lalita Devi W/o Shri Krishna Mururi Goyal, Aged About 55 Years,
R/o Bonli Sawai Madhopur (Raj.) Owner Of Vehicle -Tractor
Loader Registration No. Rj-25-Rb-8787.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p. Rajasthan High Court
Jaipur Bench Jaipur.
2. Asst. Mining Engineer, Sawai Madhopur, Rajasthan.
3. Station House Officer (S.h.o.) Police Station Soorwal,
Distt. Sawai Madhopur (Raj.)
----Respondents
For Petitioner(s) : Mr. Satish Kumar Khandelwal, Adv. For Respondent(s) : Mr. Arvind Kumar, Dy. Government Advocate HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 18/07/2022 Tractor of the petitioner bearing Registration No.RJ-25-RB- 8787 was seized by the Police as unclaimed property. Petitioner has filed an application for release of the tractor in his favour under Section 38 of the Police Act.
State-respondent in his reply has not assigned any reason for not giving custody of the tractor to the real owner. Hence the act of the respondent suffers from arbitrariness.
Accordingly the respondent No.3 is directed to release the tractor in favour of the petitioner on execution of personal bond of Rs.1,00,000/- with two surety of Rs.50,000/- each with condition (Downloaded on 21/07/2022 at 10:11:33 PM) (2 of 2) [CRLW-369/2022] that petitioner shall not dispose of the tractor without permission of the concerned authority.
Accordingly, this petition stands allowed. Pending application, if any, stands disposed of.
(BIRENDRA KUMAR),J Ashwani/-115 (Downloaded on 21/07/2022 at 10:11:33 PM) Powered by TCPDF (www.tcpdf.org)