Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:32213 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3549 of 2025 Sachin Gupta S/o Heera Lal Gupta, Aged About 31 Years Currently Residing At Ward No. 6, Nagar Panchayat Pandatarai, Tehsil Pandariya, District Kabirdham (Chhattisgarh) Pin 491559
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhavan, Naya Raipur, District Raipur (Chhattisgarh) Pin 492002 2 - Collector Bemetara, District Bemetara (Chhattisgarh) 3 - District Mining Officer, Bemetara, District Bemetara (Chhattisgarh) 4 - Station House Officer, Ps Kotwali, Bemetara, District Bemerara (Chhattisgarh) ---- Respondents For Petitioner : Mr. Gary Mukhopadhayay, Advocate For State : Mr. Praveen Das, Dy. A.G. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11/07/2025 VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.11 16:59:05 +0530
2 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) :
“(i) This Hon'ble Court be kindly pleased to call the records pertaining to the actions taken and proceedings held with respect to the vehicle of the petitioner bearing Registration No. CG04PC6210. (ii) This Hon'ble Court be pleased to direct the Respondents to release the vehicle of the petitioner, bearing Registration No. CG04PC6210, forthwith. (iii) This Hon'ble Court be to impose heavy cost on the Respondents for their unjustifiable, unreasonable, illegal and arbitrary action. (iv) Cost of this petition be awarded to the petitioner. (v) Any other relief/reliefs, order/orders, direction/directions and writ/writs as may be deemed fit by the Hon'ble Court in the facts and circumstances of the case.”
2. Learned counsel for the petitioner contended that the petitioner is the owner of a duly registered transport truck (CG04PC6210) operating under a valid national permit and under active loan repayment. On 15.06.2025, after another truck (CG09JN7170) met with an accident, the petitioner's truck was used to carry the load, which was on the wrecked truck. On 18.06.2025, while passing through Bemetara, a person claiming to be the Tehsildar, without producing identification or
3 issuing any notice, seized the petitioner's truck. The truck was then parked at Kotwali Police Station, District Bemetara, and has remained there for several weeks without any intimation, reason, or legal proceedings. Efforts by the petitioner, including approaching the police and attempting to submit an Application for Supurdnama before the Collector, have been unsuccessful and the petitioner truck remains parked in the Kotwali Police Station, District Bemetara. 3.
Learned State counsel opposes the submission made by learned counsel for the petitioner and submits that the vehicle in question illegally transported the sand without paying royalty/royalty receipt and documents submitted by the learned State counsel are taken on record. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage this writ petition is disposed of permitting to the petitioner to file an appropriate application within ‘03 days’ from today before respondent No.2- Collector, Bemetara raising his all grievances as raised in the petition and in-turn the respondent No.2-Collector, Bemetara shall consider and decide the application of the petitioner within ‘03 days’ from the date of receipt of petitioner’s application, as per rules, regulations and law. 4
6. Accordingly, the instant petition is disposed of. C.C. Today. Sd/-
(Arvind Kumar Verma) Judge Vasant