HEERA LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially the prayer made by the petitioner in this writ application filed under Article 226 of the Constitution of India was to direct the respondents to hand over his tractor bearing registration No. BR-08-0855 along with the thrasher. Further prayer made by the petitioner was to pay compensation of Rs.50,000/- for detaining the tractor illegally. However, on account of the development taking place during the pendency of this writ application, prayer of the petitioner is to compensate him for the loss of the tractor.

(2.) Facts of the case are very disturbing. It admitted that the tractor and the thrasher of the petitioner were sized by the District Transport Officer for non-payment of the tax and handed over to Sindhaul Police Station for safe custody. Petitioner deposited the tax and the fine. By order dated 13.6.2001 (Annexure-5) the District Transport Officer endorsed the fact of the petitioner depositing the amount of tax and fine and directed the officer-in-charge of the Sindhaul Police Station to release the vehicle. It is the stand of the petitioner that on 12.6.2001 itself he met the officer-in- charge of the police station, showed him the release order and requested for the release of the tractor and the thrasher upon which the officer-in-charge demanded illegal gratification and on his refusal he abused the petitioner and the petitioner had to leave the police station without the vehicles. According to the petitioner he met the officer-in-charge again for release of the vehicles but all the time he was told that the same shall be released only when illegal gratification is paid. Thereafter the petitioner filed representation before the District Transport Officer informing him that in spite of the order passed by him, instead of vehicle being released, he has been abused by the officer-in-charge. Ultimately when the petitioner did not get the vehicle he filed the present writ application. The matter was taken up by this Court on 22.8.2001 when this Court passed the following order:-

(3.) Counter affidavit as directed was not filed and the matter came up for consideration before this Court on 20.9.2001. Taking note of the fact that neither the vehicles have been released nor the counter affidavit filed, this Court passed the following order:-