Gujarat High Court
Manishbhai Damjibhai Kachhadiya vs State Of Gujarat & 2 on 26 August, 2015
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/13800/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 13800 of 2015
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MANISHBHAI DAMJIBHAI KACHHADIYA....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MS. KRUTI M SHAH, ADVOCATE for the Petitioner(s) No. 1
MR AMIT BAROT, AGP for the Respondents
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 26/08/2015
ORAL ORDER
1. Heard Ms.Kruti M. Shah, with Ms.Namrata Shah, learned counsel for the petitioner and Mr.Amit Barot, learned Assistant Government Pleader for the respondentsauthorities.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: "(A) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to respondents to release Motor Vehicle No.GJ05 BT4646 and further be pleased to strike down the action of the respondent no.3 in booking the case under the provisions of Motors Vehicle Act against the judgment on the ground of lack of jurisdiction.
(B) Pending admission, final hearing and disposal of this petition, direct the respondents to pass orders below application dated 17.08.2015 presented by the petitioner.
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3. Rule. Learned Assistant Government Pleader waives service of Rule for the respondents. With consent of learned counsel for the parties, the matter is taken up for its final disposal forthwith.
4. The following facts emerge from the record of the petition.
4.1 That the petitioner is owner of the truck bearing registration No.GJ05BT4646, having open box tipper body, which is registered with RTO authority at Surat. It is the case of the petitioner that when his driver viz. Maheshkumar Jaykaran Saket was driving the vehicle in question on 15.07.2015, which was booked for carrying sand weighing 20640 Kgs., the same was intercepted by Dabhoi Police Station as it was overloaded. Record further indicates that pursuant to the same, First Information Report being C.R.II349 of 2015 has been registered with Dabhoi Police Station, Vadodara (Rural), for the offences punishable under Section 279 of the Indian Penal Code and Sections 184 and 177 of the Motor Vehicles Act against the petitioner.
4.2 From the record, it further appears that the petitioner has filed an application being Criminal Misc. Application No.13970 of 2015 for quashing the said FIR, wherein this Court Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Aug 27 02:18:49 IST 2015 C/SCA/13800/2015 ORDER (Coram : Hon'ble Ms. Justice Abhilasha Kumari) has been pleased to issue notice and grant stay. Thereafter, the petitioner has filed an application for release of the vehicle in question on 17.08.2015 before Regional Transport Officer, RTO Office, Surat.
5. Learned counsel for the petitioner has asserted the aforesaid facts and prayed for release of the vehicle in question as quoted hereinabove. It was further asserted that the action of the respondent authority is without jurisdiction and as such the actions are taken by an authorized officer under the Act and the power exercised by the authority under Section 207 of the Act is without jurisdiction as the head constable is not competent authority. It was further contended that the application for release of the truck in question, which is filed by the petitioner, be directed to be disposed of as expeditiously as possible.
6. Per contra, Mr.Amit Barot, learned Assistant Government Pleader states that in view of the fact that the application is filed by the petitioner for release of the vehicle in question, this Court may not entertain this petition. However, this Court may give appropriate directions to the concerned authority to decide the application dated 17.08.2015 as expeditiously as possible.
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7. Upon considering the submissions made by learned counsel for the parties and upon perusal of the record of the petition, this Court is of the opinion that interest of justice would be served if the R.T.O, Surat, is directed to decide the application dated 17.08.2015 filed by the petitioner, as expeditiously as possible, preferably within a period of 7 (seven) days from the date of receipt of the order of this Court, after taking into consideration the aspect of jurisdiction and also as per the Notification dated 22.02.2002 and pass a reasoned order. The respondent authority shall communicate the order so passed upon the address of the petitioner.
8. With these observations and directions, the petition stands disposed of. Rule is made absolute to the aforesaid extent. No costs. Direct Service is permitted.
(R.M.CHHAYA, J.) Suchit Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Aug 27 02:18:49 IST 2015