""% s^ M HIGH COURTOFCHHftTriSGARH: BILASPUR SINGLEBENeH: HON'BLESHRI JAGDISHBHALLA,Ag.CJ Writ Petition (ClNo. 6TOO of 2007 Petitioner JogeshwarSahu, S?o Shri BuGtdhu Saha, Aged about 38 years, R/o Kurud Road, Kohka, Bhilai, Tahsil & District Durg (C.G.) (Holder of Power of Attomey by Onkamath Rai, S/o Shri Kamla Prasad Rai, R/o Street -9, Plot No. 41 -42, Dixit Colony, Durg) VERSUS Respondents 1. State Of Chtlattisgarh, . . Through Polioe Station, Durg, District Durg (CG) . Collector, DistrictDurg(C,G.) Writ Petition under Artiole.227 of the Constitution of Indja 2. Present: Smf. Fouzia Mitza, coynsei forthe petitioner. ShnYashwantSingh.Govt. Advocatefor theState: ORAI-ORDER (Passed 6n IQ'" October, 20Q7) Petitioner has power of attorney by the owner of the vehicle No. C.G.07/1427 one Onkarnath Roy. The photocopyofthe power of attorney is contained in Annexure P/1 to this petition. However, the original has also been placed ttefore thisCourt.It has been submitted on behalf of the petitibner that vehiole of the petitioner was hired by one Lekhanlal Sahu which was seized by polioe authoritjes. The vehicle has been given iri the supurdgi ofthe'petitionerOnkarnathRoywith a condition that he shall furnish fhe Bank guarantee of Rs.2,00,000/- and also submit Rs.6720/-. Aggrieved by fhe said order initially the petitioner had approached this Court ;.by filing a petition under Section 482 pfthe Code of Criminal Procedure. Hpwever, tbe samewaswithdFawnwith liberty.to avail appropriate Femedy.and acoording to the petitioner to apprppriate remedy is to approaoh thjs Court under Article 227o{theConstitution'oflndia. , , ^ -z- \? ^^^- A; Learned oounsel for the petitioner submits that the petitioner will not alienate, mortgage or enter into tbe agreement of sale of vehiole in question. It has been prayedon behalf of the petitioner that instead of fumishing Bank Guarantee of Rs. 2,00,000/- (Rs.Two Lacs only) petitioner be allowed to mortgage the immovable property. Counsel for the respondents has no objection to the same.. Accordingly let the property ofjikewise amount as demanded by the petitioner be mortgage by the petitioner to the satisfaction of the Chief Judicial Magistrate, Durg and thereafler the vehicle be giveri on supupdagi to the petitioner. With the eonsent of learned counse! for the parties, writ petition stands disposed of. Sd/- Ag. Chief Justice '.^.-A