Madhya Pradesh High Court
M/S Radha Roadways Chandrapur Thr vs The State Of Madhya Pradesh Thr on 21 May, 2015
W.P. No. 2143/2015 1
(M/s Radha Raodways Vs. State of M.P. And another)
21/05/2015
Shri Pawan Dwivedi, Advocate for the petitioner.
Shri Praveen Newaskar, Government Advocate for the
respondents/State.
By this petition under Article 226 of the Constitution of India petitioner has approached this Court for the relief of the nature of direction to respondent No. 2 to release the goods to the authorized signatory of the petitioner and also the vehicle No. MP06-HC-2250 truck forthwith.
It is submitted that during pendency of this writ proceedings pursuant to the interim order passed by this Court on 21.04.2015 respondents have released the goods on guarantee being furnished by the petitioner as ordered by this Court. Accordingly, the first relief has already been granted. It is further submitted that though the goods have been released on satisfaction of the guarantee furnished, however, the truck has not so far been released, for which the petitioner has filed an application on 24.04.2015 which is kept pending. It is submitted that there is no reason or justification in the facts and circumstances of the case to detain the truck, therefore, it is prayed that respondent No. 2 be commanded to release the truck of the petitioner forthwith by passing the order on the application filed on 24.04.2015.
Having considered the submissions made, this Court finds substance in the arguments advanced by the petitioner. At this stage, respondents/State submit that if such an application is W.P. No. 2143/2015 2 (M/s Radha Raodways Vs. State of M.P. And another) pending consideration, there is no reason or justification to keep the application pending and submitted that the order shall be passed forthwith.
In view of the aforesaid submissions advanced, this writ petition is disposed of with the following directions:-
(i) In the event the petitioner approaches the respondent No.2 along with certified copy of the order passed today, respondent No.2 shall be well advised to consider the petitioner's prayer for release of the truck, more so in the light of the fact that enforcing the interim order passed by this Court on 21.04.2015 goods have been released on accepting the guarantee as ordered by this Court.
(ii) Let the said authority pass the order on prayer/application which is pending since 24.04.2015 within a week from the date of submission of the certified copy of this order.
With the aforesaid directions, this petition stands disposed of.
(Rohit Arya) (Sushil Kumar Gupta)
Vacation Judge Vacation Judge
Abhi*