Arun Kumar Shaw v. State Of West Bengal And ORS.

06.09.2022.

Court No.13 Item No. 21 ap W.P.A. No. 18507 of 2022 Arun Kumar Shaw

Versus

The State of West Bengal & Ors.

Mr. N.I. Khan, Mr. Amlan Kumar Mukherjee.

...For the petitioner.

Mr. Naba Kumar Das, Mr. Sutanu Chakraborty.

...For the State.

Mr. Naren Ghosh Dastidar.

..For the respondent no.3.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that the vehicle being plied by him under the hire purchase agreement with the private respondent has been seized by Purba Jadavpur Traffic Guard and is presently lying at Garfa Police Station.

Counsel for the petitioner submits that despite production of documents, Garfa Police Station has not released the vehicle in question.

Counsel for the State submits that his clients are ready and willing to release the vehicle upon production of documents and that a lady claiming to be the sister of the original deceased recorded owner has also claimed delivery of the said vehicle.

Since the petitioner and the private respondent/financier have the documents relating to the vehicle in question, the same may be released by the police against production of all relevant documents.

It is made absolutely clear that this Court has not decided the title of the vehicle and the handing over of the vehicle by the State to the petitioner/private respondent shall constitute discharge of the State's obligation in respect of the vehicle in question.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)