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2025 DAILYLAW 56131 (ALL)

SHIV SHANKAR SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/6362/2025 · 2025-05-22

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87808-DB Court No. - 3 Case :- WRIT - A No. - 6362 of 2025 Petitioner :- Shiv Shankar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jagadeesh Prasad Chaurasiya, Pramod Kumar Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Despite time having been granted to the learned Standing Counsel to obtain instructions, no instructions have been obtained by him. However, No purpose would be served in keeping the writ petition pending by giving further time to the learned Standing Counsel to obtain instructions. 2. Present petition has been filed, praying for following relief; i. Issue a writ, order or direction in the nature of certiorari to quash the Challan dated 13.04.2025 challaned by Assistant Regional Transport Officer, Mahoba, contained as Annexure No.6 to this writ petition. 3. The contention of learned counsel for the petitioner is that the challan dated 13.04.2025 is illegal as the vehicle of the petitioner was still in the custody of Police Officer in pursuance of the previous challan dated 8th April, 2025 which has been satisfied by the petitioner. It has been stated that even after depositing the amount mentioned in the challan dated 8th April, 2025, the vehicle of the petitioner had not been released and was stationed in the police station. It has been further stated that the challan dated 13.04.2025 is illegal and contrary to law. It is admitted that the petitioner has not deposited the amount as sought in the challan dated 13.04.2025. 4. For the aforesaid reason, this Court cannot direct that the vehicle of the petitioner be released at this stage. The issue regarding the legality of the challan dated 13.04.2025 is to be decided by the concerned Magistrate and the petitioner may exercise appropriate remedy for release of his vehicle or to challenge the said challan dated 13.04.2025. 5. The petition is, accordingly, dismissed. Order Date :- 23.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad