Allowed

Rahis Ansari v. Union of India and Anr.

Punjab & Haryana HC13 Feb 2014CWP/3744/1996

Case brief

AI extract

What is this about?

In a writ petition under Articles 226/227, the petitioner sought restoration and compensation for a hand-cart seized in 1995. The Court noted the petitioner failed to obtain a licence or comply with prior orders releasing the cart. Despite these facts, the Court allowed the petition and directed payment of compensation.

What did the court decide?

Direction to respondents to make payment of Rs. 20,000 towards the cost of the hand-cart within four weeks.

Rahis Ansari Vs Union of India and Anr. — Writ and Judicial Review | Punjab & Haryana HC (2014)

¶1

CWP No. 3744 of 1996 (O&M) -1-

¶2

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶3

CWP No. 3744 of 1996 (O&M) Date of decision : 13.02.2014

Rahis Ansari

... Petitioner

versus

Union of India and anr. ...Respondents

¶8

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

¶9

Present: None

¶10

¶11

RITU BAHRI , J. (Oral)

¶12

The present petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus calling upon the respondents to promptly restore to the petitioner his hand-cart seized by them on 26.10.1995 and to adequately compensate him, for wrongful caused to him by being deprived of his only source of livelihood.

¶13

The grievance of the petitioner is that on 26.10.1995, the rehri (hand cart) was seized by the Enforcement Staff, which was being used by the petitioner to sell fruit in the Badheri market. After seizing the vehicle, it has not been returned to the petitioner and thus, he is seeking the compensation.

¶14

On notice, a reply has been filed by D.C, U.T. Chandigarh stating therein that vide order dated 21.05.1998, a Division Bench of this Court had given directions to the petitioner to get his rehr/Hand Cart released after making the necessary payment of fine. However, the petitioner did not approach the authorities for getting his rehri released. As per the Chandigarh

¶15

Arora Gaurav 2014.03.05 16:09 I attest to the accuracy and integrity of this document

¶16

CWP No. 3744 of 1996 (O&M) -2-

¶17

Hand Cart Bye Laws, 1989, any person who want to ply rehri, is required to apply a licence. The petitioner was never having any licence and on this ground, the Enforcement Staff had to removed the unauthorised parked rehri/hand cart (A-2). Since the petitioner did not approach the authorities to get his rehri released, therefore, the directions were given to Chandigarh Administration, vide order dated 03.08.2000 to make available to the petitioner hand cart in a running condition. The matter was sent to Lok Adalat for an amicable settlement with the U.T. Administration. The matter was returned back from Lok Adalat as it was not settled. Thereafter, the petitioner has not chosen to put an appearance in this Court on 2-3 occasions.

¶18

In view of the above, the present petition is allowed by giving a direction to the respondents to make payment of Rs.20,000/- towards the cost of Rehri to the petitioner, which was taken in possession by the Administration in the year 1995. However, the payment be made in four weeks' from the date of receipt of certified copy of this order and compliance report be sent to this High Court.

¶19

( RITU BAHRI) JUDGE

¶20

13.02.2014

¶21

G Arora

¶22

Arora Gaurav 2014.03.05 16:09 I attest to the accuracy and integrity of this document

Rahis Ansari v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

Rahis Ansari v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Surinder Singh Vs State of Punjab and Anr.

M/S Chahal B.K.O. Vs State of Punjab and Ors.

Tejinder Pal Singh Vs Municipal Corporation, Patiala

(O&M) Mukesh Kumar etc. Vs Prem Chand

Balkaran Singh Vs Union of India and Ors.

Aman Security and Detectives Vs Post Graduate Inst. of Medical Edu.and