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Judgment
Heard the learned counsel on either side.
The petitioner had earlier filed W.P.(MD)No.1385 of 20201 for directing the respondents to release the petition mentioned lorry. I had allowed the said writ petition by order dated 29.01.2021 on certain terms and conditions. One of the conditions was that the petitioner should pay a sum of Rs.40,000/- as non refundable cost. Aggrieved by the imposition of such a condition, the review application has been filed.
I went through the grounds of review. The petitioner had claimed that the vehicle was used only for agricultural purpose. It is also stated that the quantity of the sand carried in the lorry is only a small amount of clay sand and not river sand. The petitioner faults the order passed by this Court primarily on the ground that material aspects were not taken of before imposing the said condition.
4.The learned Additional Government Pleader appearing for the respondents would draw my attention to the fact that the Hon'ble Division Bench in W.P.(MD)No.3316 of 2021, vide order dated 23.02.2021, had categorically laid down that the writ petitions ought not to be entertained for release of the vehicles seized in connection with illegal transportation of sand.
If I have to consider the contentions advanced in this review application, then, I have to necessarily undertake a factual investigation. Therefore, even while recalling the order dated 29.01.2021 made in W.P. (MD) No.1385 of 2021, I have to necessarily relegate the petitioner to move the Court below. That alone would be consistent with the mandate issued by the Hon'ble Division Bench in the aforesaid order. Therefore, the Review Application is allowed but relegating the petitioner to move the jurisdictional Court. The respondents are directed to produce the vehicle in question before the jurisdictional Court immediately and without any delay. If the vehicle in question was already produced, it is open to the petitioner to file an application for return of vehicle before the Court below. As and when the petition is filed by the petitioner, the same will be disposed of on merits and in accordance with law within a period of ten days thereafter.
With this direction to the respondents and liberty to the petitioner, the Review Application is allowe