Sanjeev Kumar Nanda v. State of Punjab and Others

Punjab & Haryana HC19 May 2025CWP/14384/2025

Case brief

AI extract

What is this about?

P&H HC (Kuldeep Tiwari J., 19.05.2025), CWP-14384-2025: mandamus to SHO Hajipur (District Hoshiarpur) under Articles 226/227 — decide representation dated 07.05.2025 and, if averments correct, assist petitioner in taking possession of Truck PB-05-AN-5348 released on superdari (order dated 29.04.2025, JM Ist Class Mukerian), within 15 days; petition disposed of.

What did the court decide?

Writ petition disposed of with a mandamus to respondent No.3-SHO, Hajipur (District Hoshiarpur): to take a final decision on the representation dated 07.05.2025 (Annexure P-2), and, if its averments are found correct, to provide adequate help/assistance to the petitioner to take possession of the superdari-released Truck PB-05-AN-5348, within 15 days from receipt of certified copy of the order. ¶¶15

Sanjeev Kumar Nanda Vs State of Punjab and… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a mandamus should issue upon respondent No.3-Station House Officer, Hajipur, District Hoshiarpur, to ensure protection to the petitioner at the time of taking possession of Truck No.PB-05-AN-5348 (already released on superdari), given local protests and the alleged inaction of the police on the petitioner's representations.

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Court's answer

Without observing anything on the merits of the lis, and considering the bona fide and innocuous nature of the prayer, the Court deemed it apt to pass a mandamus upon the official respondent No.3-Station House Officer, Hajipur, District Hoshiarpur, to take a final decision on the representation dated 07.05.2025 preferred by the petitioner.

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Ratio / Principle

If the averments made in the representation are found to be correct, respondent No.3 is directed to provide adequate help/assistance to the petitioner in order to enable him to take possession of the Truck in question, which has already been released on superdari.

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Key takeaways

The mandated help/assistance is to be provided within a period of 15 days from the date of receipt of certified copy of this order.ratio¶¶14

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Kuldeep Tiwari, Judge, Oral) — CWP-14384-2025, decided 19.05.2025. Writ petition cast under Articles 226/227 of the Constitution of India: petitioner Sanjeev Kumar Nanda sought a mandamus upon respondent No.3-Station House Officer, Hajipur, District Hoshiarpur, to ensure protection to him at the time of taking possession of Truck bearing Registration No.PB-05-AN-5348, already released on superdari in his favour vide order dated 29.04.2025 (Annexure P-1) of the Judicial Magistrate, Ist Class, Mukerian; truck allegedly stranded on a road deteriorating day by day amid protests by local people, and the SHO had taken no action on numerous requests/representations, including the representation dated 07.05.2025 (Annexure P-2). Without observing anything on the merits of the lis, and treating the prayer as bona fide and innocuous, the Court passed a mandamus upon respondent No.3 to take a final decision on the representation dated 07.05.2025 and, if its averments are found correct, to provide adequate help/assistance to the petitioner to take possession of the truck, within 15 days from receipt of certified copy of the order. Writ petition disposed of.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(164) CWP-14384-2025 Date of Decision : 19.05.2025

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Sanjeev Ku m ar Nanda

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…Petitioner

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Vers u s

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State of Pu n jab and others ...Respondents

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CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Pankaj Kalia, Advocate for the petitioner.

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Mr. Pardeep Bajaj, DAG, Punj a b.

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KULDEEP TIWARI, J.(ORAL)

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Through the instant writ petiti o n, cast under Articles 226/227 of the Constit u tion of India, a prayer is made for issuance of a mandamus, u p on the respondents, i.e. respondent No.3-Stati o n House Officer, Hajipur, Dist r ict Hoshiarpur, to ensure the protection to th e petitioner, at the time of tak i ng possession of Truck, bearing Registratio n No.PB-05-AN-5348, which h as already be e n released on superdari , in fa v our of the petitioner, vide or d er dated 29.0 4 .2025 (Annexure P-1), as passed by the learned Judi c ial Magistrate, Ist Class, Mukerian, District Hoshiarpur. 2. The petitioner pleaded herein, that his Truck (supra), is statio n ed at a road, a n d its condition is deteriorating d ay by day. Learned counsel for t he petitioner i n forms this Court, that despit e the petitioner having super d ari order, in hi s favour, he is unable to take t h e possession of the Truck (sup r a), on account of the protests raised by the l o cal people. It is further submit t ed MANPREET SINGH 2025.05.26 10:46 that despit e the petitioner has made num e rous requests/representations, t he I attest to the accuracy and authenticity of this order/judgment

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SHO conc e rned, has not taken any actio n to redress the grievance of t he petitioner, t o take the possession of his Tru c k (supra). 3. The lackadaisical and ind o lent approach of the police officers/off i cials concerned, has propelled t h e petitioner to file the instant w rit petition, ca s t under Articles 226/227 of t h e Constitution of India, seekin g a mandamus, upon the respondents, to han d over the possession of the Tr u ck (supra), to t h e petitioner.

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At this stage, this Court, wi t hout observing and comment i ng anything, o n the merits of the instant lis, a nd considering the bana fide a nd innocuous p rayer, as made through the in s tant writ petition, deems it ap t to pass a mandamus upon the official respo n dent No.3-Station House Offi c er, Hajipur, D i strict Hoshiarpur, to take a fi n al decision on the representat i on dated 07.05.2025 (Annexure P-2), as prefer r ed by the petitioner. 5. In case, the averments made in the representation (supra), a re found to b e correct, thereupon, responde n t No.3, is directed to provide an adequate h e lp/assistance to the petitioner, i n order to take the possession of t he Truck in q u estion, which has already bee n released on superdari , withi n a period of 1 5 days, from the date of receipt o f certified copy of this order.

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Consequently, the instant writ p etition is disposed of .

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(KULDEEP TIWARI) JUDGE

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May 19, 20 2 5 Manpreet

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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MANPREET SINGH 2025.05.26 10:46 I attest to the accuracy and authenticity of this order/judgment

Sanjeev Kumar Nanda v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Nanda v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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