- (1.) By means of the present writ petition, the petitioner has challenged the order dated 23.11.2010 passed by the Enforcement Officer, Transport Department, seizing the petitioner's vehicle popularly known as Jugad on the ground that the vehicle was not registered, it did not had any permit nor it had paid taxes as also the driver of the vehicle did not possess the driving license and on other grounds.
(2.) We have heard Sri V.K. Maheshwari, learned counsel for the petitioner and Sri A.C. Tripathi, learned standing counsel representing the respondents and have perused the averments made in the writ petition as also the documents filed along with it.
(3.) Sri Maheshwari, learned counsel invited the attention of the Court to the interim order passed by the Lucknow Bench of this Court on 09.12.2005 in Writ Petition No. 6611 (M/B) of 2005 - Avnish Kumar v. State of U.P. and others, wherein a direction was issued to the transport authorities as well as the police authorities to seize and destroy Jugad vehicles as the same are causing loss to the State Exchequer and endangering the life of the travelling public. He submitted that in Special Leave Petition (Civil) No. NIL of 2006 (CC 616/2006), the Apex Court vide order dated 17.01.2006 had stayed the operation of the order dated 09.12.2005. Thereafter, Hon'ble Supreme Court had disposed of the petition for Special Leave to Appeal (Civil) NO. 2524 of 2006 vide order dated24.11.2006 by directing the High Court to dispose of the Writ Petition No. 6611 (M/B) of 2005 pending before the Lucknow Bench of this Court with utmost expedition and till such time the writ petition is disposed of, the interim order dated 27.06.2006 was continued.;