Petitioner sought modification of an order directing release of a tractor and trailer. The court rejected the plea to free the trailer without registration documents, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 5368 of 2012 =================================================== Ramashray Rai S/o Achhelal Rai R/o Village - Sonbarsa, P.S. Sonbarsa, Distt. – Sitamarhi. .... .... Petitioner Versus 1. The State of Bihar. 2. The Block Agriculture Officer, Sonbarsa, Sitamarhi. .... .... Opp. Parties =================================================== Appearance : For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Ms. Divya Verma (AC to AAG-3) =================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6. 18-04-2014 Heard Sri D.N.Tiwari, learned counsel for the petitioner as well as learned A.C. to Addl. Advocate General – 3.
The present petition has been filed with a prayer to modify order dated 04-04-2012 passed in C.W.J.C. No. 17068 of 2011, whereby, while disposing of writ petition, a bench of this Court had directed for release of tractor and trailer in favour of petitioner, provided he has documents to show that tractor and trailer belong to him to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.
It was submitted by learned counsel for the petitioner that in the light of order dated 04-04-2012 passed in C.W.J.C. No. 17068 of 2011, though tractor has
Patna High Court MJC No.5368 of 2012 (6) dt.18-04-2014
2/2
been released, trailer has not been released, since no document regarding entitlement of the trailer was produced. It was submitted by learned counsel for the petitioner that trailer was locally made and as such, it would not be possible to produce any document.
In view of the fact that the order dated 04-04-2012 passed in aforesaid writ petition makes it clear that tractor and trailer were required to be released on the basis of producing relevant documents and after producing document in respect of tractor, same has been released, it would be difficult to modify order dated 04-04-2012.
Learned A.C. to Addl. Advocate General – 3 submits that in view of provision, as contained in Motor Vehicles Act, even trailer is also required to be registered. It was submitted by learned counsel for the petitioner that confiscation proceeding has already been dropped. If it is true, then the petitioner would be at liberty to approach the concerned authority. I do not find any ground for modification of earlier order.
The petition stands dismissed.
(Rakesh Kumar, J.)
Anay
1 issue framed by the court
Whether to modify the earlier order directing release of tractor and trailer given the petitioner could not produce documents for the trailer.
1 provisions across 1 enactments
Ramashray Rai
The State of Bihar
The Block Agriculture Officer, Sonbarsa, Sitamarhi
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
