- (1.) This is an extreme case wherein police officials of District Sant Ravidas Nagar, Bhadohi have taken possession of a private movable property (Forklift Truck) and have kept in police custody, depriving the person, who own and ply the same, of his right. They have shown indulgence in a pure and simple private dispute, without any authority of law shown to this Court. Grievance of the petitioners is that aforesaid truck belongs to petitioner No. 2 and when he was using the same, all of sudden police authorities intervened and seized it by illegally trespassing his premises, without any authority of law and have kept the same in police custody.
(2.) Taking cognizance of his complaint and the alleged highhandedness of police authorities, by our order dated 27th June, 2014, we required respondent No. 2 to inform, as to in what circumstances and authority aforesaid forklift truck had been taken in police custody/possession.
(3.) We notice at this stage, that petitioner No. 2 earlier, raised a grievance that police authorities have taken possession of his truck and for release thereof, made a representation to Superintendent of Police (S.P.) when no decision was taken thereon, this Court in writ petition No. 21860 of 2014 directed respondent No. 2 (S.P.) to decide petitioners' representation, whereupon, he passed order dated 13th June, 2014, in which, it is admitted that aforesaid truck has been taken in possession by police on 7th April, 2014 but what has further been said is that there is a dispute with respect to ownership of the said truck, and it has been kept in police station for its safety only, so that it may be released to its real owner. Thereafter respondent No. 2, (S.P.) also took a decision for releasing Truck to its alleged real owners Zafar Hasanain Ansari and Hazi Abdul Kalam Ansari partners of M/s. Eastern Mill Pvt. Ltd. (Rahimpur) Raya Suriyawan Road, Bhadohi, though at the time of taking possession, it was with Jafar Iqabal Ansari, petitioner No. 2, Director, M/s. Eastern Mill Pvt. Ltd (Rahimpur) Raya Suriyawan Road, Bhadohi.;