TATA FINANCE LTD Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) PRESENT petition, under Article 226 of the Constitution of India, has been preferred by the petitioner - Finance Company for appropriate order directing the respondents to release the truck of the petitioner Company bearing Registration No.GJ-7-X-2560 forthwith.

(2.) IT appears that truck bearing Registration No.GJ-7-X-2560 was seized by the Forest Department as it was found that the said truck was used for transportation of Kher-Wood illegally. IT appears that the respondent No.3 at the relevant time, was hirer of the said truck, who had taken the advance / loan on the said truck from the petitioner - Finance Company. As such proceedings were initiated by the Forest Department under the provisions of the Forest Act to confiscate the said truck and the petitioner came to know about the same and therefore, the petitioner submitted an application before the Forest Department to release the truck. IT is the case on behalf of the petitioner that the Forest Department did not release the truck and did not pass any final order of confiscation and told the petitioner to come with hirer, who was not available. Being aggrieved by and dissatisfied with the above, the petitioner has preferred the present petition under Article 226 of the Constitution of India.

(3.) IN the interest of justice, the respondent No.1 is directed to forthwith hand over the Truck No. GJ-7-X-2560 to the petitioner. The petitioner within one month from the date of receipt of the possession of the truck shall sell it by public auction and where the respondent No.1 so desire may also remain present in the auction proceedings for which the date of auction has to be intimated by the petitioner to him. Whatever price is received in auction is to be deposited by the petitioner in this Court and order for disbursement or investment shall be passed after hearing the parties to the petition. Office is directed to place this matter for further hearing and orders on 10th January, 2001.