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2025 DAILYLAW 5863 (ALL)

HIMANSHU SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS

A227/192/2025 · 2025-05-21

Nand Prabha Shukla

Civil Appealbody2025

Judgment text

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Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 192 of 2025 Petitioner :- Himanshu Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh,Sanjay Singh Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed seeking direction to set aside the impugned order dated 27.11.2024 passed by learned District Judge, Ballia in Civil Appeal No. 12 of 2024 (Himanshu Srivastava vs. State of U.P.) as well as the impugned order dated 12.7.2024 passed by District Magistrate, Ballia in Case No. 355 of 2022 having Computerize Case D202215090000355 (State vs. Himanshu Srivastava) under Section 72 of U.P. Excise Act, 1910. At the very outset, learned counsel for the petitioner states that the petitioner agrees and is ready to abide the terms and conditions as imposed by the District Magistrate, Ballia vide order dated 12.7.2024. As per the instruction of the learned AGA dated 31.3.2025, the vehicle is available at Police Station Kotwali, Ballia. Accordingly, considering the aforesaid facts, the order dated 27.11.2024 passed by learned District Judge, Ballia in Civil Appeal No. 12 of 2024 (Himanshu Srivastava vs. State of U.P.) is hereby set aside. The court concerned is hereby directed that in case the petitioner abides the terms and conditions imposed by the District Magistrate, Ballia dated 12.7.2024, the vehicle of the petitioner be released immediately after verifying the relevant records regarding the ownership of the vehicle. With the aforesaid direction, the writ petition is disposed of. Order Date :- 22.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad