KEHAR SINGH Vs. SPL SECY FOREST AND 2 ORS
LAWS(ALL)-2009-4-66
HIGH COURT OF ALLAHABAD
Decided on April 27,2009

KEHAR SINGH Appellant
VERSUS
SPL.SECY., FOREST Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioners and the learned Standing Counsel for the opposite parties. A prayer has been made on behalf of the petitioners that the petitioners' Tractor bearing Registration No. Swaraj 735, U.P.-31-H/1223 alongwith trolley, which has been seized in connection with the criminal case registered against the petitioner (since deceased) under Section 26 and 41/42 of the Indian Forest Act, may be released in their favour subject to their furnishing security to the satisfaction of the opposite party no.2. Learned Standing Counsel appearing for the opposite parties has opposed the prayer made by the learned counsel for the petitioners. I have heard the submissions made on behalf of the learned counsel for the parties and perused the record. Following interim order was passed on 27.03.2006 by this Court in the instant writ petition:- "Learned Chief Standing Counsel has accepted notice for opposite parties. Two weeks' time is allowed to file counter affidavit, a week for rejoinder affidavit. Application for interim relief shall be considered on the next date of listing. List immediately after three weeks. Till next date of listing, the tractor in question shall be kept in the safe custody with proper maintenance and shall not be auctioned. 27.03.2006". No useful purpose will be served in keeping the petitioners' Tractor in safe custody. Since the petitioners are willing to give adequate security to the satisfaction of the opposite party no.2 in the event of their Tractor is released in their favour and are also undertaking to produce the Tractor as and when required by the opposite parties, this Court of the view that the prayer made by the petitioners for releasing their Tractor is liable to be granted in the interest of justice. In view of the above, as an interim measure, it is provided that the opposite party no.2 shall release the petitioners' Tractor bearing Registration No. Swaraj 735, U.P.-31-H/1223 alongwith trolley provided the petitioners furnish the adequate security to the satisfaction of the opposite party no.2 within fifteen days from today. It is further provided that the petitioners shall produce the Tractor as and when required by the opposite parties. List this case for final hearing after one month.;


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