Court No. - 33
Case :- WRIT - C No. - 19781 of 2019 Petitioner :- Shiv Shankar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulab Chandra Tiwari Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Manoj Misra,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioners; learned Standing Counsel for respondents 1 and 2; Sri Amit Shukla for the respondent no.3 and perused the record.
The instant petition seeks a direction upon the second respondent to get release of motor vehicle No.UP-62 AP/3294 in favour of the petitioners from the respondent no.3.
It is not demonstrated in this petition that the district administration or the second respondent (District Magistrate, Allahabad) took over possession of the vehicle and handed it over to the respondent no.3. The respondent no.3 is a public limited finance company which, apparently, is neither "State" nor instrumentality of the "State" under Article 12 of the Constitution of India.
Under the circumstances, the petitioners cannot be granted any relief in the writ jurisdiction. More so, when the petitioners have not demonstrated that the second respondent would have jurisdiction under any law to take action against the respondent company for resuming possession of the vehicle.
The petition is disposed of with liberty to the petitioners to take recourse to such other appropriate legal remedy, as may be advised.
Order Date :- 4.6.2019. Rks.