SUSHIL Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following relief:

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle/truck bearing registration no. UP 23 T 4950. It is stated that, on 04.6.2018, the driver of petitioner's vehicle was plying the said vehicle in which the RBM (reta) was loaded of which the due royalty was paid and royalty receipt was with the driver and when the said vehicle was within the territory of P.S. I.T.I., the police officials stopped the vehicle of the petitioner and when the petitioner's driver showed the royalty receipt, the police officials forcibly took the royalty receipt and torn the same and challaned the vehicle of the petitioner by showing the same overloaded. Thereafter, petitioner moved a representation dated 08.6.2018 before the Forest Officer, Forest Division Ramanagar, District Nainital for the release of the vehicle. In the representation, it is also stated that, petitioner is ready to deposit the due penalty imposed on the said vehicle on its release; but, no action was taken on the said representation of the petitioner. Hence, this writ petition.

(3.) Learned counsel for the petitioner further submitted that petitioner is the owner of the vehicle in question. He also submitted that the police officials in an illegal and arbitrary manner without conducting weight of the vehicle challaned the same as overweight.