NIRMAL KUMAR DWIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this revision Nirmal Kumar Dwivedi has challenged the order dated 14-2-2000 of the learned Judicial Magistrate (Pollution), Lucknow refusing to release his three wheeler vehicle of Vikram make registered as UP 32 T 4675. The vehicle was seized and challaned by Madiaon police as it was not fitted with a scrubber and ever since the vehicle is rotting under the open sky without use. The sole ground for rejecting the applicant's application was that the Lucknow Bench of the Allahabad High Court has passed an order dated 30-3-2000 in Writ Petition No. 2102 (MB) of 1997 in which it has been directed that only the High Court may release such vehicles. This is not the only case of its kind. These days the Bench here at Lucknow is flooded with cases for the release of such vehicles. Lucknow Magistrates at large appear to be of the same view. In a large number of cases various Hon'ble Judges of this Court has released the vehicles.

(2.) I have heard learned counsel for the applicant and learned State counsel.

(3.) Copy of the order dated 30-3-2000 in Writ Petition No. 2102 (MB) of 1997 has been placed before me by the applicant and I have also looked into the file of the above writ petition. The said writ petition was filed as a Public Interest Litigation by one Sri B. K. Singh, Advocate in person, but he has also signed on several occasions describing himself as counsel for the petitioner. In the bulky record of the writ petition, one comes across variety of orders in large number which have been passed on various counts. Every now and then many new matters are being joined and added in the writ petition which remains undisposed of since 1997. Perhaps the disposal of the writ petition may not be possible in years to come. It leaves one guessing whether even the petitioner is eager for disposal of the writ petition one way or the other. One of the orders which concerns the release of the vehicles was passed on 30-3-2000 by a Bench. The relevant portion of the order reads thus :