Madhya Pradesh High Court
WP/1515/2024 of SHEIKH VAJEER Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRAON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 1515 of 2024
BETWEEN:-
SHEIKH VAJEER S/O LATE JALEEL AGED ABOUT 43YEARS, OCCUPATION: VEHICLE OWNER R/O SHEIKHONKA MOHALLA TIKAMGARH POLICE STATION ANDDISTRICT TIKAMGARH (M.P.)
(BY SHRI ARVIND PATHAK - ADVOCATE)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY REVENUE DEPARTMENTDISTRICT TIKAMGARH (M.P.)PRINCIPAL SECRETARY REVENUE DEPARTMENTDISTRICT TIKAMGARH (M.P.)
2.COLLECTOR AND DISTRICT MAGISTRATETIKAMGARH DISTRICT TIKAMGARH (M.P.)TIKAMGARH DISTRICT TIKAMGARH (M.P.)
3.STATION HOUSE OFFICER POLICE STATIONKHARGAPUR DISTRICT TIKAMGARH (M.P.)KHARGAPUR DISTRICT TIKAMGARH (M.P.)
4.DISTRICT EXCISE OFFICER TIKAMGARHDISTRICT TIKAMGARH (M.P.)
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
This petition has been filed seeking the following reliefs :
(i) It is most humbly prayed that Your Lordships may graciously bepleased to issue a writ in the nature of mandamus to command therespondent no.2 to produce entire record pertaining to the instantsubject matter before this Hon’ble High Court for kind perusal and ready reference of this Hon’ble Court.
(ii) It is further most humbly prayed that Your Lordships maygraciously be pleased to issue a writ in the nature of certiorari toset-aside impugned order dated 10.5.22 passed by the respondentno.2 - Collector & District Magistrate, Tikamgarh contained inAnnexure P/1 by allowing an application u/S 451 Cr.P.C. containedin Annexure P/3 filed by the petitioner before the respondent no.2and to release the white Colour Maruti Suzuki Desire Car Engineno.K12NN9039158 Chassis No.MA3CZFB3SLJ699800 belongs tothe lawful ownership of the petitioner which is kept in open sky ofpremises of respondent no.3 viz. Police Station Khargapur, DistrictTikamgarh (M.P.), in the interest of justice.
(iii) Any other writ, order or direction, which this Hon’ble Courtdeems fit and proper in the facts and circumstances of the case, mayalso kindly be passed, in the interest of justice.
2. The petitioner is having an efficacious and alternative remedy. He has directly come before this Court without availing such remedy. In view whereof,this Court is not inclined the entertain this petition.
3. Accordingly, the petition stands dismissed. However, the petitioner may avail the efficacious and alternative remedy available to him in accordance with law.
VV
(VISHAL MISHRA)JUDGE