Farooq Hasan, J. - (1.) In view of the Fact that the petitioner is a registered owner of the vehicle (bus), with has been seized by the Transport Authorities on the ground that at the relevant time the petitioner was not having the permit and at present the Bus (in question) No. RJ 05/ P-0014 is in the custody of the Transport Authorities, the petitioner moved an application for the restoration of the Bus (in question) before the Munsif & Judicial Magistrate, 1st Class, Bayana (Bharatpur) which has been dismissed by the said Court on the ground that the petitioner is not having the permit. Hence this petition.
(2.) In view of the facts mentioned in the petition & the fact that the petitioner in the registered owner of the Bus (in question) and in case the bus is kept in the custody of the transport authorities then the condition of the bus shall be deteriorated and no useful purpose shall be served in case the bus is kept in the custody of the transport authorities. I think it just and proper to release the aforesaid bus to be delivered in the custody of the petitioner.
(3.) It is, therefore, directed that bus No. RJ-05/P-0014 shall be delivered to the petitioner on the following conditions:- (1) that the petitioner shall furnish a Supurdaginama in the sum of Rs. 1,50,000/- (rupees one lacs and fifty thousand) and two solvent sureties in the amount of Rs. 75,000/- each to the satisfaction of Munsif & Judicial Magistrate, Bayana (Bharatpur) with this condition that he will produce the afore-said bus before that Court as and when called upon to do so; (2) that the petitioner shall not make any alteration in the body of the bus; he will not change the colour of bus and he shall keep it in the same condition as it is delivered to him. If any alteration is needed then he shall seek prior permission of the aforesaid Court; (3) the petitioner shall not transfer or otherwise dispose of the aforesaid bus till the matter is finally adjudicated; (4) before giving delivery of the aforesaid truck atleast four coloured photographs of cabinet size shall be obtained from different angles showing the number of the bus and the same shall be kept in the file of the case. It is further directed that the petitioner can only ply the bus on the route after obtaining the permit. The petition is disposed of as indicated above.;