Vimalbhai vs Regional

(Per : HONOURABLE MR.JUSTICE K.A.PUJ) The petitioner has filed this petition under Article-226 of the Constitution of India praying for quashing and setting aside the detention order dated 9.1.2010 detaining the vehicle in question.

Heard Mr.B.K.Nakrani, learned advocate appearing for the petitioner and Ms.Maithili Mehta, learned Assistant Government Pleader on advance copy being served to the Government Pleader's office. The main grievance of the petitioner is that the respondent No.1 has not accepted the petitioner's application dated 12.1.2010 (Annexure-B) alongwith which all original documents were intended to be filed with the respondent No.1. He has further submitted that due to his poor financial position the petitioner could not pay the outstanding vehicle tax and hence asked for installments. Before filing the present petition, the petitioner has not availed the alternative remedy available to the petitioner and hence we do not entertain this petition at this stage. However, interest of justice would better be served if the respondent No.1 is directed to accept the petitioner's application alongwith which the original documents are intended to be produced by the petitioner and the said application may be decided in accordance with law. With regard to petitioner's request for installments for payment of vehicle tax the petitioner can approach the Regional Transport Commissioner and he would consider the petitioner's request as per the guidelines (Annexure-I) issued by him in accordance with law.

Subject to the aforesaid directions and observations this petition is accordingly disposed off. Direct service is permitted.

(K. A. PUJ, J.) (RAJESH H. SHUKLA, J.) kks Top