SHIV HARE ROAD LINES Vs. RB PANCHAL

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following substantive reliefs:-

(2.) HEARD Mrs. Nildhara Desai, learned advocate for the petitioner and Ms. Maithili Mehta, learned Assistant Government Pleader appearing on behalf of the respondents.

(3.) IT appears that pursuant to the aforesaid order passed by this Court, the petitioner has deposited a sum of Rs.57,000/- in this Court and the above referred three vehicles of the petitioner have been released. Hence, the first and principal relief prayed for in the petition stands satisfied by the aforesaid order passed by this Court. Insofar as the second relief seeking a direction against the respondents and concerned checking officers to file a criminal complaint in the competent court against the driver is concerned, considering the period of time that has elapsed since the date of filing of the petition, as well as considering the nature of the relief prayed for, this Court is not inclined to grant the said prayer. Insofar as the prayer seeking compensation of not less than Rs.10,000/- per day for all the three vehicles for the period they were detained is concerned, from the very nature of the relief sought for, it is apparent that the same involves disputed questions of fact which would require evidence to be led by the respective parties. Hence, the petitioner is not entitled to the grant of such relief in a writ petition under Article 226 of the Constitution of India.