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2025 DAILYLAW 71744 (ALL)

PANKAJ KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/21440/2025 · 2025-07-08

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108828 Court No. - 33 Case :- WRIT - C No. - 21440 of 2025 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Narayan Yadav Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter alia with the following prayer:- "i) issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 13.06.2025 up to the extent of condition no. 1 of impugned order dated 13.06.2025 passed by respondent no. 2 District Magistrate, Firozabad in Case No. 162 of 2025 (Computerized Case No. D-202501260000162) State Vs. Pankaj Kumar, under section 6-A of U.P. Essential Commodities Act, 1955, by which the respondent no. 2, District Magistrate, District Firozabad directed to the petitioner for depositing the vehicle amount of Rs. 1,45,000/- in the treasury in a prescribed Lekha Shirshak (Annexure no. 5 to this writ petition)." 2. It is argued by counsel for the petitioner that the condition contained in the aforesaid order dated 13.06.2025 being condition no. 1, is bad in the eyes of law since in respect of same amount, the petitioner was directed to submit a bond by way of condition no. 2. The condition nos. 1 and 2 contained in the aforesaid order reads as follows:- "1- वविपकक्षी / विवाहन स्विवामक्षी दवारवा ममु० 1,45.000/-रू० (एक लवाख पपैतवालक्षीस हजवार रूपयय) विवाहन ससंदवाय वनरवार्धाररत लयखवा शक्षीरर्धाक मम जमवा करवायक्षी जवायय। 2-विवाहन स्विवामक्षी दवारवा ममु० 1.45,000/-रू० (एक लवाख पपैतवालक्षीस हजवार रूपयय) कवा वनजक्षीविर पत्र एविमम समवान रनरवावश ककी एक प्रवतभभू प्रस्तमुत ककी जवायय।" 3. In the order impugned the cost of vehicle was fortified as Rs. 1,45,000/-. Once a personal bond has been sought for release of the vehicle in question, the Court is of the opinion that there is no occasion for the District Magistrate, Firozabad to direct the petitioner to deposit the aforesaid amount also. 4. In this view of the matter and also in the interest of justice, the Court is of the view that the condition no. 1 imposed in the aforesaid order 13.06.2025 is liable to be set aside and hereby set aside. 5. With the aforesaid observations, the present petition stands allowed only to the extent. Order Date :- 9.7.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad