Kisranjan Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2634 of 2018 • Kisranjan Yadav S/o Late Bhavna Yadav Aged About 64 Years R/o Village - Saraiya, P.S. Krishangarh, District Aara, Bhojpur (Bihar) ---- Petitioner

Versus

• State of Chhattisgarh Through S.H.O. Pussore, Raigarh District Raigarh Chhattisgarh ---- Respondent For Petitioner :

Shri Krishna Tandon, Advocate For Respondent/State :

Shri Ghanshyam Patel, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/01/2019

1. Heard.

2. Perusal of the order shows that the seizure of the vehicle was made on 15.09.2018. As per sub-section 3 of Section 6 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 (for short 'the Act, 2004') the jurisdiction to entertain the application to handover the vehicle cannot be entertained in the given facts of this case. In view of this the petition is premature. It is accordingly dismissed as premature.

3. However, the petitioner is given liberty that after expiry of the period specified in sub-section 3 of Section 6 of the Act, 2004, the petitioner may seek redressal before the appropriate trial Court for release of the vehicle. Sd/- Goutam Bhaduri Judge Ashu