1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODG.)NO. 1318 OF 2008 Mr. Nitin C. Nanda. ... Petitioner. V/s. The Municipal Corporation of Greater Mumbai & Anr. ... Respondents. .... Mrs. Ketaki Agarwal for the Petitioner. Ms. P.A. Purandare for the Respondents. .... CORAM : DR. D.Y. CHANDRACHUD,J. & K.U. CHANDIWAL, JJ. 14TH MAY 2008. P.C. :- The relief that has been sought in these proceedings under Article 226 is for the issuance of a writ of mandamus directing the Respondent to release a truck bearing Registration No.MH43 F-310 together with the goods which have been seized by the Municipal Corporation. 2 The Respondents to these proceedings are respectively the Municipal Corporation and the Assistant Assessor and Collector (Octroi). The Petitioner is a transporter and it is his case that a firm by the name of Mahavir Marketing had engaged the services of the Petitioner for the purposes of effecting delivery of certain goods. The dispute in the present case is in respect of a consignment of 61 cartons of R.M.D. Gutkha which was entrusted to the Petitioner for the purpose of transportation on or about 28th April 2008. On 28th April 2008, a consignment of 28 cartons was alleged to have been loaded on the truck when it was apprehended by the Chembur Police. According to the Petitioner the goods were being transported from Borivali towards Masjid Bendar and octroi in the amount of Rs.56,101/- was paid thereon. Upon seizure, the truck together with the consignment was lodged at the yard at Dadar. A letter was addressed by the Assistant Assessor and Collector on 28th April 2008 calling for the production of certain documents to establish the due payment of octroi on the goods. The Petition has been instituted, as noted earlier, for 3 seeking a direction to the Municipal Corporation to release both the truck and the consignment of goods. At the hearing of the Petition, Counsel for the Municipal Corporation submitted before the Court that despite a communication dated 28th April 2008, the relevant documents have still not been produced to establish that octroi has been duly paid. In view of the submission which has been urged on behalf of the Municipal Corporation, Counsel for the Petitioner stated that the Petitioner shall produce all relevant documents as demanded by the Municipal Corporation in the letter dated 28th April 2008 of the Assistant Assessor and Collector, no later than by 11.00 a.m. on 15th May 2008. The Petitioner has agreed and undertaken that he shall appear before the Assistant Assessor and Collector as the same time tomorrow so as to enable the authority to furnish the Petitioner an opportunity of being heard. It has been stated on behalf of the Municipal Corporation that a final order shall be passed by the Assistant Assessor and Collector and communicated to the Petitioner 4 on 17th May 2008. In so far as the truck is concerned, it has not been disputed on behalf of the Municipal Corporation that the Corporation has neither any authority nor any power to detain the truck and it was in fact urged that the Municipal Corporation is ready and willing to hand over to the Police Authorities. Unless the truck is required by the Police for the purposes of any independent investigation, there is no justification as to why it should continue to remain at the Dadar yard. We, therefore, direct that the truck shall be released from the Dadar Yard in favour of the Petitioner, unless it is otherwise required by the police for any other investigation.. In view of the aforesaid directions, no further relief has been sought at the hearing of the Petition. The Petition shall accordingly stand disposed of. 5 (Dr. D.Y. CHANDRACHUD,J.) (K.U. CHANDIWAL, J.)