Shishan Pal v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-49805-2024 Date of decision : October 04, 2024 Shishan Pal ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Karan Bhardwaj, Advocate, for the petitioner Mr. Rajesh Gaur, Addl. AG, Haryana KULDEEP TIWARI,J. (ORAL)

1. Through the instant petition, filed under Section 528 of BNSS, 2023, a prayer is made for issuance of mandamus to official respondents No.1 to 3, to take necessary steps to the effect that no obstruction is caused by private respondents No. 4 and 5, in plying of the vehicle of the petitioner, as private respondents No. 4 and 5, are making an attempt to take forcibly possession of the vehicle through their henchmens.

2. Learned counsel for the petitioner on asking for the relief (supra), has placed reliance upon Manager, ICICI Bank Ltd. vs. Praksh Kaur and others, 2007(2) R.C.R. (Criminal) 76, and ICICI Bank vs. Shanti Devi Sharma and others, 2008(3) R.C.R. (Criminal) 463, and submits that the recovery of loan or seizure of vehicles could be done only through legal means.

DALBIR SINGH TIWANA 2024.10.03 17:15 I attest to the accuracy and integrity of this document

CRM-M-49805-2024 -23. Without issuing notice of motion in the instant petition, a mandamus is passed upon the official respondents No.1 to 3, to take all necessary steps to the effect that no obstruction in plying of the vehicle of the petitioner, should be caused on the part of private respondents No.4 and 5, without adhering to the procedure of law.

4. Disposed of accordingly.

( KULDEEP TIWARI ) October 04, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No DALBIR SINGH TIWANA 2024.10.03 17:15 I attest to the accuracy and integrity of this document