1. Heard Mr. M.A. Kharadi, learned advocate for the petitioner.
2. The petitioner has taken out present petition seeking below mentioned relief/s:-
"10 (A).......
(B) Allow present petition by quashing and setting aside the order dated 23.12.2011 passed by the Deputy Conservator of Forests, Godhra, District Panchmahals and thereby directing the respondent authorities to release the Tractor of the petitioner forthwith, in the interest of justice.
(C) Allow present petition by directing the respondent authorities to compensate the loss sustained by the petitioner due to illegal seizure of the Tractor by the respondents in the interest of justice.
(D).....
(E).....
(F).....
(G)....."
3. So far as the relief prayed for in paragraph (C) is concerned, the said relief cannot be grated in this proceedings i.e. in writ petition preferred under Article 226 of the Constitution of India inasmuch as the issue, particularly as regards entitlement for compensation and quantification of compensation etc. will have to be decided after trial and after considering the relevant and appropriate evidence. Such process would not be feasible in the proceedings of writ petition preferred under Article 226 of the Constitution of India. However so far as the relief prayed for in paragraph No.10(B) is concerned and in light of the contention which are raised against the order dated 23.12.2011 the petition deserves consideration.
Hence, Rule. However, if the direction to release the Tractor at this stage is granted by way of interim relief it would amount to allowing the petition at admission stage and would amount to granting final relief. Therefore, interim relief is not granted.
(K.M.THAKER,J.) Suresh* Top