HARJIBHAI SAMAJIBHAI PATEL Vs. M V ZALA

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the order dated 15th March 2005 passed by the respondent No.1 under Section 207 of the Motor Vehicle Act; declaring the detention of vehicle without authority and unauthorised and for directing the respondent no.1 to pay compensation of Rs.5070/- per day from the date of detention i.e. 15th March 2005 till the actual release of the vehicle bearing No.GJ-12-T-4375.

(2.) When this matter came up for hearing on 14th June 2005, this Court has passed the following order : "The matter has already been admitted. The learned Counsel appearing for the petitioner submitted that in pursuance of detention under sub-section 1 of Section 207, an application under Sub-Section 2 of Section 207 of the Motor Vehicles Act, 1988 shall be preferred by the petitioner to the respondent authority or any other officer authorized by the State Government for detention/ seizure of the vehicle in question. As the petitioner has not approached the authority as per the sub-section 2 of section 207, till then the interim relief is refused."

(3.) During the course of hearing, Mr.J.K. Shah, learned Assistant Government Pleader, has pointed out that till date, no such application as indicated in the aforesaid order has been made by the petitioner and even the learned advocate for the petitioner has admitted the said aspect.