High CourtsDivision Bench(2023) 10 UK CK 0027

Pankaj Singh vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 9 October 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/B) No. 283 Of 2023

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Judgment

9 paragraphs · 220 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition to seek the following relief:-

“i) Issue an appropriate writ, order or direction in the nature of ‘mandamus’ directing the respondents to release the vehicle (i.e. Pock-land Machine bearing serial no. *SP20-56691*, Model No.- EX200LC SUPER +) of the petitioner which is seized and surrender nearest Police Chowki Ghat Thana Kotwali Pithoragarh”.

2.

The said relief is sought in the light of the order passed by this Court in Writ Petition (PIL) No.70 of 2023, on 21.06.2023. In Paragraph No.7 of the said order, this Court had directed the respondents to locate the equipment, which have been used for the purpose of illegal felling of trees for construction of road in the forest area, and to seize the same in accordance with law.

3.

In response to our query, learned counsel for the petitioner states that no application has been moved under the prevailing Rules for release of the pokland machine, which has been seized.

4.

Without moving the said application, in our view, the present writ petition is pre-mature.

5.

In case the petitioner moves any such application, the same be dealt with in accordance with law.

6.

The writ petition is disposed of in the aforesaid terms.

7.

Pending application, if any, also stands disposed of.